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Full text of "Compiled code of South Carolina, 1930"

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University of South Carolina 




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COMPILED CODE 

OF 

SOUTH CAROLINA 

1930 

Submitted by the Code Commissioner pursuant to the Constitu- 
tion and Statutes of South CaroHna for the consideration of 
the General Assembly of 1 93 1 and for adoption by the 
General Assembly of I 932 as the official Code of 
r South Carolina 



FURMAN R. GRESSETTE 
Code Commissioner 

WILLIAM H. WICKER 
Code Editor 



VOLUME IV 



CIVIL CODE §§4219-6915 



THE R. L. BRYAN COMPANY AND THE STATE COMPANY 
COLUMBIA. S. C. 






COLEMAN KARESH LWUBHAaY 
Univorsiiy oi iiouiii waroliP'a 



CIVIL CODE 



47()(-'3 



Digitized by tine Internet Archive 

in 2010 with funding from 

Lyrasis IVIembers and Sloan Foundation 



http://www.archive.org/details/compiledcodeofso04unse 



TABLE OF CONTENTS FOR VOLUME IV 



CIVIL CODE 



PART II 

Business Regulations, Transactions and Associations 



TITLE 12 
Trade Regulations 

Section 

Chapter 45. — Regulation of Certain Trades 4219 

Article 1. Commercial Fertilizers 4219 

Article 2. Cotton and Farm Products 4242 

Article 3. State Warehouse Commissioner and Warehouses 4318 

Article 4. Cooperative Marketing 4351 

Article 5. Flour and Grain 4380 

Article 6. Gauging Liquors and Inspecting Naval Stores 4399 

Article 7. Meat, Rice, Staves and Shingles 4412 

Article 8. Timber and Lumber 4418 

Article 9. Illuminating Oils, Gasoline, etc 4427 

Article 10. Commercial Feeding Stuffs 4439 

Article 11. Poultry Preparations 4455 

Article 12. Sale of Disinfectants 4462 

Article 13. Bulk Sales of Merchandise 4469 

Article 14. Trusts, Monopolies and Unfair Competition 4472 

Chapter 46 Weights, Measures, Grades and Brands 4497 

Article 1. Weights and Measures 4497 

Article 2. Containers, Grades and Brands of Fruits and Vegetables 4514 

Chapter 47. — Board of Exports and Marketing 4528 

Chapter 48. — Pilots, Ports and Port Utility Commission 4534 

Article 1. Pilots and Ports 4534 

Article 2. Port Utilities Commission of Charleston 4579 

TITLE 13 

Business Transactions and Holidays 

Chapter 49. — Money, Interest, Checks, Bills and Notes 4587 

Article 1. Money and Interest 4587 

Article 2. Bills and Notes 4595 

Article 3. The Uniform Negotiable Instruments Law 4603 

Article 4. Collections by Banks 4799 

Chapter 50.— Bills of Lading 4817 

Chapter 51 Agency and Labor Laws 4871 

Article 1. Agency • • • 4871 

Article 2. Master and Apprentice 4873 

Article 3. Labor Laws 4883 

Chapter 52 Joint Debtors, Suretyship and Arbitration 4889 

Chapter 53. — Statute of Frauds 4895 

Chapter 54. — Legal Holidays 4903 

Chapter 55 Regulation of Certain Professions, Trades and Businesses 4907 

Article 1. Architects 4907 

Article 2. Engineers and Land Surveyors 4915 

Article 3. Certified Public Accountants 4937 

Article 4- Aeronautics 4952 

Article 5. Auctions and Auctioneers 4965 

NOTE— See Volume II for a Complete Table of Contents of the Civil Code. 

V 



Article 


6. 


Article 


7. 


Article 


8. 


Article 


9. 


Article 


10. 


Chapter 


56. 



Chapter 


57. 


Article 


1. 


Article 


2. 


Article 


S. 


Article 


4. 


Article 


5. 


Article 


6. 


Chapter 


58. 



VI Table of Contents 

Section 

Hawkers and Peddlers • 4971 

Pawnbrokers 4979 

Dealers in Junk 4988 

Mercantile License in Beaufort County 4991 

Plumbing and Plumbers 4995A 

-Carriers, Warehousemen and Other Bailees for Hire 4996 

TITLE 14 
Municipal Corporations 

-Cities and Towns 5061 

General Provisions 5061 

Towns of Less Than 1,000 Inhabitants 5239 

Towns and Cities of Over 1,000 Inhabitants 5263 

Towns Between 1,000 and 5,000 Inhabitants 5282 

Cities Over 5,000 Inhabitants '5293 

Cities of More Than 10,000 Inhabitants 5369 

-Commission Form of Government 5421 



TITLE 15 
Private Corporations and Uncorporated Associations 

Chapter 59 Private Corporations 5516 

Article 1. General Provisions 5516 

Article 2. Business Corporations 5556 

Chapter 60. — Foreign Corporations 5604 

Chapter 61. — Unincorporated Associations 5631 

Article 1. Joint Stock Companies and other Unincorporated Association 5631 

Article 2. Limited Partnerships 5639 

TITLE 16 
Special Types of Corporations and Associations 

Chapter 62 Banks, Trust Companies and Credit Unions 5669 

Article 1. Banks and Banking 5669 

Article 2. Trust Companies 5719 

Article 3. Cooperative Credit Unions 5752 

Chapter 63 Insurance Companies 5777 

Article 1. Insurance Department and Insurance Companies 5777 

Article 2. Foreign Fire Insurance Companies 5860 

Article 3. Fraternal Benefit Associations 5869 

Article 4- Mutual Protective Associations 5912 

A7-ticle 5. Mutual Insurance and Mutual Aid Associations 5927 

Article 6. Bond and Investment Companies 5953 

Chapter 64 — Cooperative and Charitable Associations 5976 

Article 1. Cooperative Associations 5976 

Article 2. Charitable, Social and Religious Societies 5990 

Chapter 65 — Railroad, Steamboat and Canal Companies 6005 

Chapter 66 General Railroad Law 6025 

Article 1. General Provisions 6025 

Article 2. Incorporation and Operation by Purchaser of Railroad 6047 

Article 3. Consolidation and Aiding of Other Companies 6056 

Article 4- The Railroad Commission *. 6069 

Article 5. Rates, Charges and Regulations 6119 

Article 6. Safety Appliances and Liability for Injuries and Damages 6177 

Article 7. Carriage of Passengers and Goods . . : 6222 

Article 8. Crossings and Cattle Guards 6256 

Article 9. Rights of Way 6270 

Article 10. Penalties and Forfeitures • 6284 

Chapter 67 — Interurban and Street Railways 6295 

Chapter 68. — Motor Bus and Truck Lines 6323 

Chapter 69 — Telephone, Telegraph and Express Companies 6347 



Table of Contents vn 

PART III 

Domestic Relations and Property Rights 



TITLE 17 

Domestic Relations 

Section 

Chapter 70 — Husband and Wife 6372 

Article 1. Marriage 6372 

Article 2. Married Women 6388 

Article 3. Dower 6394 

Chapter 71 Guardians and Wards 6428 

Article 1. General Provisions 6428 

Article 2. Public Guardians 6439 

Article 3. Testamentary and Natural Guardians 6449 

Article 4- Guardians of Veterans 6455 

Chapter 72. — Females, Minors and Incompetents 6475 

Chapter 73 Change of Names 6490 

TITLE 18 
Property Rights 

Chapter 74. — Tenure of and Title to Lands 6496 

Article 1. Tenure of Land and Confirmation of Certain Titles 6496 

Article 2. Titles to Catawba Indian Lands 6505 

Chapter 75. — Conveyances and Mortgages of Real Estate 6510 

Article 1. Form and Execution of Conveyances 6510 

Article 2. Void Gifts and Fraudulent Conveyances 6511 

Article 3. Mortgages and Deeds of Trust 6517 

Chapter 76 Chattel Mortgages and Liens 6529 

Article 1. Chattel Mortgages 6529 

Article 2. Mechanics Liens 6543 

Article 3. Agricultural Liens 6587 

Article 4- Other Liens 6597 

Chapter 77 — Leasehold Estates and Co-Tenancy 6613 

Article 1. Estates for Life and for Years 6613 

Article 2. Landlord and Tenant 6620 

Article 3. Joint Tenants and Tenants in Common 6642 

Chapter 78. — Miscellaneous Provisions 6647 

Article 1. Betterments 6647 

Article 2. Escheats 6656 

Article 3. Miscellaneous Provisions 6680 

TITLE 19 

Notice 

Chapter 79 — Registration and Notices 6691 

Article 1. Registration of Legal Instruments 6691 

Article 2. Publication and Posting Notices 6705 

TITLE 20 

Estates of Decedents 

Chapter 80 — Descent and Distribution 6716 

Chapter 81 — Wills and Testaments 6726 

Chapter 82 — Settlement of Estates of Decedents 6762 

Article 1. Letters Testamentary and Probate Proceedings 6762 

Article 2. Administration of Intestate or Derelict Estates 6779 

Article 3. Inventories and Appraisements 6798 

Article 4- Debts and Legacies 6804 

Article 5. Accounts and Commissions of Executors 6822 

Article 6. Settlement and Distribution of Intestates Estates 6831 

Article 7. Liability of Heirs and Devisees 6839 

Chapter 83 — ^Trusts and Trustees 6847 



VIII Table of Contexts 

TITLE 21 

TiTXE TO PEOPEETY BY OPEEATION OF LAW 

Section 

Chaptee S4 Sales by Executors, Administrators and Fiduciaries 6864 

Chapteb 85 Executions and Judicial Sales 6876 

Chaptee 86 Homesteads 6892 

Chapteb ST. — ^Assignment for Benefits of Creditors 6904 



PART II 

Business Regulations, Transactions 
and Associations 



TITLE 12 
Trade Regulations 

Chapter 45. Regulation of Certain Trades, § 4219. 

Chapter 46. Weights, Measures, Grades and Brands, § 4497. 

Chapter 47. Board of Exports and Marketing, § 4528. 

Chapter 48. Pilots, Ports and Port Utility Commission, § 4534. 



Article 


1. 


Article 


2. 


Article 


3. 


Article 


4. 


Article 


5. 


Article 


6. 


Article 


7. 


Article 


8. 


Article 


9. 


Article 


10. 


Article 


11. 


Article 


12. 


Article 


13. 


Article 


14. 



CHAPTER 45 
Regulation of Certain Trades 

Commercial Fertilizers, § 4219. 

Cotton and Farm Products, § 4242. 

State Warehouse Commissioner and Warehouses, § 4318. 

Cooperative Marketing, § 4351. 

Flour and Grain, § 4380. 

Gauging Liquors and Inspecting Naval Stores, § 4399. 

Meat, Rice, Staves and Shingles, § 4412. 

Timber and Lumber, § 4418. 

Illuminating Oils, Gasoline, etc., § 4427. 

Commercial Feeding Stuffs, § 4439. 

Poultry Preparations, § 4455. 

Sale of Disinfectants, § 4462. 

Bulk Sale of Merchandise, § 4469. 

Trusts, Monopolies and Unfair Competition, § 4472. 



ARTICLE 1 

Commercial Fertilizers 



4219. Materials Analyzed. 

4220. Duty of Clemson College. 
4221-2. Labels and Certificates. 
422S-A. Classification of Materials 

Kinds of Fertilizers. 

4225. Marketing Cotton Seed Meal. 

4226. Inspection Tax. 

4227. Cancellation of Tags. 

4228. Definition of Commercial Fertilizer 

4229. Analysis. 



4230. Chemist's Certificate as Evidence. 

4231. Tax Tags. 

4232. Inspection of Factories, 
and 4233, Table of Values. 

4234. Weight and Packages. 

4235-6. Forfeiture of Nontagged Fertilizers. 

4237. Sale of Material in Bulk. 

4238. Nitrogen Requirement. 
4239-40. Samples for Analysis. 
4241. Regulations by Clemson College. 



§ 4219. Fertilizers to Be Analyzed. — The Board of Trustees of Clemson 
Agricultural College, to prevent the practice of fraud and imposition in the 
manufacture and sale of cotton seed meal, fertilizers and fertilizing material 
containing nitrogen, potash or phosphoric acid, sold or offered or exposed for 



§ 4220 Civil Code 2138 

sale, whether manufactured or mined within or without the State, shall cause 
the same to be analyzed and inspected. 

Civ. C. '22. § 3283 : Civ. C. '12. § 2315 ; Civ. C. '02. § 1529 ; 1896, XXII, 93 ; 1904, XXIV. 
476 ; 1909. XXYI, 197. 

§ 4220. Clemson College to Analyze Fertilizers Without Requiring Name 
of Manufacturer. — It shall be the duty of Clemson Agricultural and Mechani- 
cal College to analyze samples of commercial fertilizers, manure or cotton seed 
meal furnished by a citizen of this State, as now required by law, without re- 
quiring the purchaser of said fertilizers to give the name of the manufacturers 
or the manufacturers' analysis. The person sending such sample shall furnish 
the said college with the name of the manufacturer of such fertilizer and the 
ingredients thereof immediately after the receipt of the analysis of such fer- 
tilizer: Provided, however, That it shall be the duty of any citizen sending 
samples to Clemson College for analysis to give to the college the names of the 
fertilizer ingredients represented to be in said fertilizer. 

Civ. C. '22, § 3284; Civ. C. "12, § 2316: 1911, XXVII, 121. 

§ 4221. Copy of Label Filed With Clemson College— Contents of Certifi- 
cates — Sale of Unregistered Fertilizer. — Every person or corporation engaged 
in the manufacture and sale of fertilizers or commercial manures or cotton seed 
meal in this State, before selling or offering for sale, shall file with the Board 
of Trustees of Clemson Agricultural College of South Carolina true and cor- 
rect copy of the printed label, or stamp, required by a subsequent Section, to 
be printed on each and every bag, barrel or package of fertilizer or fertilizing 
material of the various brands which the said person or corporation proposes 
to offer for sale within the State until the first of November next following; 
also, a certificate showing the source from which the phosphoric acid, ammonia 
and potash guaranteed in each of the said brands of fertilizers or commercial 
manures so offered for sale is derived. And, in addition stating that any filler 
used in said brands of fertilizer is harmless, and if soil has been used, that the 
same was not taken nearer than twelve (12) inches from the surface of the 
ground. It shall be unlawful for am' manufacturer, mixer, or other person, 
either by themselves or through their agents, to sell or offer for sale in this 
State any fertilizer or fertilizing materials which have not been registered with 
the said board of trustees, as required by this Article. The fact that the pur- 
chaser waives any of the provisions of this Article shall be no protection to 
said party selling or offering the same for sale. 

Civ. C. '22, § 3285 ; 1920, XXXI, 1150. 

§ 4222. Contents of Labels. — Every person or corporation, before selling 
or offering for sale in this State any commercial fertilizer or fertilizing mate- 
rial shall brand on each bag or package the brand name of the fertilizer, the 
weight of the package, the name and address of the manufacturer, and the 
minimum percentage only guaranteed to be present or available phosphoric 
acid, of nitrogen (ammonia equivalent), and of potash soluble in water. The 
items shall be printed on the package in the following order : 
Weight of each package. 
Brand name or trade-mark. 
Guaranteed analysis : 

Available phosphoric acid per cent. 

Ammonia equivalent of nitrogen per cent. 

Potash soluble in water per cent 

Name and address of the manufacturer. 



2139 CmL Code § 4223 

Tn addition to the above there must be printed on the package, or on a tag 

attached thereto, the per cent, of water soluble nitrogen (ammonia equivalent), 

guaranteed, within such limits as the said board of trustees, or a committee 

thereof, may prescribe. And, in addition further, it must be stated whether the 

potash is derived from muriate or sulphate. And, in addition further, the per 

cent, of borax or other substance or substances injurious to plants must be 

stated, if in excess of limits prescribed by the board of trustees, or a committee 

thereof : Provided, The said board of trustees, or a committee thereof, shall have 

power to direct in what manner the branding and labeling shall be done. 

Civ. C. '22, § 3286 ; Civ. C. '12, § 2322 ; Civ. '02, § 1537 ; G. S. 596 ; R. S. 1299 ; 1879, XVII, 
75 ; 1898, XXII, 767 ; 1904, XXIV, 476 ; 1909, XXVI, 197 ; 1915, XXIX, 195 ; 1920, XXXI. 
1150. 

§ 4223. Classification of Materials — Labeling — Substitution — Special Con- 
tracts — Damages and Penalty. — The materials used in the manufacture and 
mixing of all fertilizers supplying nitrogen or ammonia, and offered for sale 
in this State, shall be divided into two classes, namely, mineral and organic; 
and the percentage of nitrogen or ammonia coming from either of these classes 
shall be guaranteed, but allowing a variability of one-fourth of one per cent, 
for goods containing two per cent, of ammonia or under, and a variability of 
one-third of one per cent, for goods containing two or three per cent, ammonia, 
and a variability of one-half of one per cent, for goods containing over three 
per cent, ammonia, and the several materials in each of these two classes shall 
be named on the bag or on a tag attached thereto ; and it shall be permissible 
for the manufacturer to substitute one or more materials in either class of ap- 
proximately equal agricultural value for another material of the same class : 
Provided, That where there is a contract of agreement between a manufacturer 
and a purchaser of fertilizer that the fertilizer will be manufactured by the 
use of certain definite sources and amounts of ammonia and potash, the fertili- 
zer must be manufactured from these materials without the substitutions of 
other materials, and failure on the part of the manufacturer to comply with 
this requirement shall render such manufacturer liable to the purchaser for 
damages as is now prescribed by law; in addition thereto the manufacturer 
shall pay to the purchaser a penalty equal to one-fourth of the purchase price 
of such fertilizer. 

1924, XXXIII, 1120. 

§ 4224. Specifications for Kinds of Fertilizer to Be Marked "High Grade," 
"Standard," "Low Grade."— The words "High Grade" shall not appear 
upon any package of any complete fertilizer which contains, by its guaranteed 
analysis, less than ten per cent, of available phosphoric acid, one and sixty-five 
one-hundredths of nitrogen (equivalent to two per cent, of ammonia), and two 
per cent, of potash, or a grade of analysis of equal total commercial value; the 
word "Standard" shall not appear upon any package of any complete fertilizer 
which contains, by its guaranteed analysis, less than eight per cent, available 
phosphoric acid, one and sixty-five one-hundredths of nitrogen (equivalent to 
two per cent, of ammonia), and two per cent, of potash, or a grade of analysis of 
equal commercial value; the words "High Grade" shall not appear upon any 
package of any acid phosphate with potash which shall contain, by its guaranteed 
analysis, less than thirteen per cent, of available phosphoric acid and one per 
cent, potash, or a grade of analysis of equal total commercial value; the word 
"Standard" shall not appear upon any package of any acid phosphate with 
potash which contains, by its guaranteed analysis, less than eleven per cent, of 
available phosphoric acid and one per cent, potash, or a grade of analysis of 



4 4225 Civil Code 2140 

equal total commercial value ; the words ' ' High Grade " shall not appear upon any 
package of any plain phosphate which shall contain, by its guaranteed analysis, 
less than fourteen per cent, of available phosphoric acid; the word ''Standard" 
shall not appear upon any package of plain acid phosphate which shall contain, 
by its guaranteed analysis, less than twelve per cent, of available phosphoric 
acid. If the words "High Grade" or "Standard" or "Low Grade" are printed 
on packages they shall appear as to classification and in such manner as the 
board of trustees, or a committee thereof, may prescribe. 
Civ. C. '22, § 3287 ; Civ. C. '12, § 2322 ; 1920, XXXI, 1150. 

§ 4225. Marking of Grades of Cotton Seed Meal — Ammonia from Other 
Source Forbidden. — All cotton seed meal manufactured and offered for sale as 
fertilizer in this State shall be known and branded as "High Grade," "Stand- 
ard' ' or " Low Grade. " " High Grade ' ' meal must contain not less than six and 
fifty-eight one-hundredths per cent, of nitrogen, equivalent to eight per cent. ~of 
ammonia ; ' ' Standard ' ' meal must contain not less than five and seventy-six one- 
hundredths per cent, of nitrogen, equivalent to seven per cent, of ammonia, and 
any cotton seed meal containing less than five and seventy-six per cent, of nitro- 
gen, equivalent to seven per cent, of ammonia, shall be known and branded as 
"Low Grade": Provided, That all meal manufactured from Sea Island cotton 
seed shall be branded "Sea Island Cotton Seed Meal," and the guaranteed 
analysis shall not be less than three and seven-tenths per cent, of nitrogen, equiva- 
lent to four and one-half per cent, of ammonia, and the same shall be printed on 
the package. In all cases where cotton seed meal is sold purely as cotton seed meal 
there shall be no other source of ammonia than that derived from the cotton seed, 
and in the event that any other kind of ammonia is put into said cotton seed meal 
sold purely as cotton seed meal, the person, firm or corporation or manufacturer 
offering same for sale or selling shall be liable to a penalty of one dollar per bag 
of every lot of cotton seed meal so sold or offered for sale. 

Civ. C. '22, § 3288 ; Civ. C. '12, § 2322 ; 1920, XXXI, 1150. 

§ 4226. Inspection Tax, — For the purpose of defraying the expenses con- 
nected with the inspection of commercial fertilizers sold, or exposed or offered 
for sale in this State, and experiments relative to the value thereof, all compa- 
nies, corporations or persons engaged in the manufacture or sale of commercial 
fertilizers shall pay to the State Treasurer an inspection tax of twenty-five cents 
per ton (2,000 pounds) for such commercial fertilizer sold, or exposed, or offered 
for sale in this State, in order to entitle the same to inspection and delivery, and 
shall attach to each package a tag, furnished by the said board of trustees, or a 
committee thereof, as evidence that said tax has been paid. Nothing contained in 
this Section shall interfere with fertilizers passing through the State in transit, 
nor restrict or avoid sales of acid phosphate, cotton seed meal or other fertilizing 
materials to each other by importers, manufacturers or manipulators who mix 
fertilizers for sale and have registered their brands, as required by the provisions 
of this Article. 

Civ. C. '22, § 3289 ; Civ. C. '12, § 2319 ; Civ. C. '02, § 1533 ; G. S. 595 ; R. S. 1298 ; 1896, 
XXII, 93 ; 1904, XXIV, 476 ; 1909, XXVI, 197 ; 1920, XXXI, 1150. 

§ 4227. Tags to Be Cancelled. — All persons, companies or corporations 
engaged in the manufacture or sale of fertilizers or commercial manures or cot- 
ton seed meal shall cancel all tags or stamps used, as evidence that said inspec- 
tion tax has been paid, by stamping such tags or stamps with the name of the 
person or persons, company or corporation selling, shipping or manufacturing, 
also the date of shipment or delivery. No railroad or common carrier shall receive 
for shipment or delivery from any person or persons, company or corporation 



2141 CmL Code § 4228 

any fertilizers or commercial manures or cotton seed meal witli tlie tags or stamps 
bearing date of cancellation thirty or more days prior to delivery for shipment. 

Civ. C. '22, § 3290 ; Civ. 0. '12, § 2321 ; Civ. C. '02, § 1535 ; G. S. 595 ; R. S. 1298 ; 1896, 
XXII, 93 ; 1904, XXIV, 476 ; 1909, XXVI, 197. 

§ 4228. "Commercial Fertilizer" Defined — Proviso. — For the purpose of 
this Article a commercial fertilizer is hereby defined as any material, substance 
or mixture which contains, or is claimed to contain, more than one per cent, of 
total phosphoric acid, or of potash, or of nitrogen : Provided, That the following 
substances, lime, limestone, marl, unground bones, stockpen manure, barnyard 
manure, or the excrement of any domestic animal shall be exempt from the pro- 
visions of this Article, in case that said manure or excrement has not been dried 
or manipulated or otherwise treated, or is not claimed to have a value of more 
than four dollars a ton. 

Civ. C. '22, § 3291 ; 1920, XXXI, 1150. 

§ 4229. Analysis. — The Board of Trustees of the Clemson Agricultural 
College of South Carolina shall cause one or more analyses to be made annually 
of such commercial fertilizers sold or offered for sale under the provisions of this 
Article, as may be sampled under their direction and in accordance with such 
regulations as they may adopt. For this purpose the said board of trustees, or a 
committee thereof, shall appoint or cause to be appointed a sufficient number of 
inspectors, who shall secure for the board samples of said commercial fertilizers, 
and shall cause said samples to be forwarded to the Clemson Agricultural Col- 
lege, there to be analyzed in accordance with the methods of the Association of 
Official Agricultural Chemists, and otherwise experimented with, and who shall 
perform such other duties as the board may direct. And the said board of trus- 
tees shall also employ a chief chemist, with such assistants skilled in agricultural 
chemistry as may be necessary, whose duty it shall be to analyze said fertilizers 
and other materials as may be required by said board, and who shall make regu- 
lar reports to the board of the results of all the analyses of officially drawn sam- 
ples of fertilizers and fertilizing materials, which shall be published in bulletins, 
and shall be ready for distribution as directed by the said board. 

Civ. C. '22, § 3292; Civ. C. '12, §§ 2317, 2318; Civ. C. '02, §§ 1531, 1532; 1896, XXII, 93; 
1904, XXIV, 476 ; 1909, XXVI, 197 ; 1920, XXXI, 1150. 

§ 4230. Certificate of Chief Chemist as Evidence. — In the trial of any suit 

or action, wherein is called in question the value or composition of any fertilizer, 

a certificate, signed by the chief chemist, setting forth the analysis made by the 

chief chemist, or under his direction, of the sample of said fertilizer analyzed 

under the provisions of this Article, shall be prima facie proof that the fertilizer 

was of the value and consistency shown by the said analysis. 

Civ. C. '22, § 3293 ; Civ. C. '12, § 2325 ; Civ. C. '02, § 1539 ; 1893, XXI, 504 ; 1904, XXIV, 
476 ; 1909, XXVI, 197 ; 1920, XXXI, 1150. 

§ 4231. Tax Tags. — The Board of Trustees of the Clemson Agricultural 
College, or their agents, shall issue inspection tags or stamps for such person, 
company or corporation engaged in the manufacture or sale of commercial fer- 
tilizers in this State as shall present receipts or other evidences from the State 
Treasurer that sufficient funds have been paid into the State Treasury to cover 
such issue. And said person, company or corporation shall cancel all stamps or 
tags used, as evidence that said inspection tax has been paid, by stamping such 
tags or stamps with the name of the person, company or corporation selling, offer- 
ing for sale or shipping, also the date of shipment or delivery of such fertilizers. 
No railroad or common carrier shall receive for shipment or delivery from any 
person, company or corporation any commercial fertilizers or fertilizing mate- 



§ 4232 Civil Code 2142 

rials with tags or stamps bearing date of cancellation thirty or more days prior 

to delivery for shipment. 

Civ. C. '22, § 3294 ; Civ. C. '12, § 2320 ; Civ. C. '02, § 1534 ; 1896, XXII, 93 ; 1904, XXIV, 
476 ; 1909, XXVI, 197 ; 1920, XXXI, 1150. 

§ 4232. Inspection of Fertilizer Factories, Etc. — In order to carry out the 
provisions of this Article, any officer or agent of the said board of trustees, or of 
a committee thereof authorized by them for the purpose may, at any hour during 
the daytime or nighttime, enter any factory, plant, car or other place in which 
any fertilizer or substances designed or intended for use as a fertilizer is stored, 
to be shipped or sold, and may inspect the contents and operation thereof ; and 
is is hereby made a condition to the shipment or delivery for shipment of any 
fertilizer from any such factory, plant or car, that such inspection be permitted 
by the owner or operator thereof. 

Civ. C. '22, § 3295 ; 1914, XXVIII, 661 ; 1920, XXXI, 1150. 

§ 4233. Annual Table of Values to Be Published by Board of Trustees of 
Olemson Ct)lleg-e — Liability for Deficiency — Penalties — Collection and Division 
Among Consumers. — On or before the first day of January, any year, the said 
Board of Trustees of the Clemson Agricultural College shall publish the relative 
values per pound and per unit of the various ingredients of a complete fertilizer, 
viz. : Available phosphoric acid, ammonia equivalent of nitrogen and potash sol- 
uble in water, and furnish the same to any person or corporation engaged in 
the manufacture of or sale of commercial fertilizers in this State upon applica- 
tion therefor ; and that said valuation shall be the guide by which the party sell- 
ing fertilizers shall estimate the value thereof for the next succeeding twelve 
months. That any vendor or manufacturer of commercial fertilizers, manures or 
cotton seed meal, whose goods or wares shall fall short in commercial value guar- 
anteed by the analysis appearing on sack, tag or vessel holding the same when de- 
livered to the consumer, shall be liable to the consumer for the same per centum 
in selling price as the goods have fallen short in per centum of the commercial 
value found upon analysis made of the goods : Provided, That if the fertilizer or 
fertilizing materials fall short ten per cent, of the commercial value guaranteed 
by the analysis appearing on the sack, tag or vessel holding the same when deliv- 
ered to the consumer, that then the seller or manufacturer shall be liable to the 
consumer for one-third of the selling value thereof, which amount is to be de- 
ducted from the amount of the consumer's indebtedness; and if the consumer 
has paid for the said goods, then the consumer can collect the same from the 
seller or manufacturer by due process of law : Provided, further, That if any of 
the ingredients constituting any brand of fertilizer, or fertilizing materials, or 
cotton seed meal sold in this State, fall short of the guaranteed analysis appear- 
ing on the sack, tag or vessel holding the same, as follows : In available phospho- 
ric acid, thirty points (which shall mean three-tenths of one unit) on goods guar- 
anteed up to ten per cent. ; forty points (which shall mean four-tenths of one 
unit) on goods guaranteed over ten per cent, of available phosphoric acid; in 
ammonia or potash as follows : Fifteen points (which shall mean fifteen one-hun- 
dredths of one unit) on goods guaranteed up to one and 02ie-half per cent., in- 
clusive; ten per cent, of the ingredients on goods guaranteed above one and one 
half per cent, up to and including three per cent, goods ; thirty-five points (which 
shall mean thirty-five one-hundredths of one unit) on goods guaranteed four per 
cent.; forty points (which shall mean four-tenths of one unit) on goods guaran- 
teed above four per cent., up to and including eight per cent. ; fifty points on 
goods guaranteed over eight per cent., that then the manufacturer or seller shall 
be liable to the consumer for four times the commercial value of the entire defi- 



2143 Civil Code § 4234 

ciency in available phosphoric acid or potash as found by analysis and three 
times the commercial value of the entire deficiency in ammonia, as found upon 
analj^sis of the goods, to be deducted from the consumer 's indebtedness ; and if 
the consumer has paid for the said goods, then the consumer can collect the same 
from the seller or manufacturer by due process of law. The penalty herein pro- 
vided for shall apply to each ingredient, respectively, that may fall short as 
herein provided : And provided, further, That the seller of any fertilizer or fer- 
tilizing material falling short of the per cent, of ingredients at which the same 
may be billed or charged, shall be subject to a penalty of at least three times the 
value of such difference thereof, to be recovered in any court of jurisdiction by 
the consumer ; but this proviso shall not apply to mixed fertilizers, or to cotton 
seed meal, to be recovered in any court of competent jurisdiction of this State 
by the purchaser of same, and if the purchaser be a dealer in such materials and 
have sold same to consumers of same, he shall disburse pro rata to such consum- 
ers to whom he sold the same penalties he recovers : Provided, further. That all 
penalties imposed for deficiencies in guaranteed analysis of any fertilizer, fertili- 
zing material or cotton seed meal shall be entirely for the benefit of the ultimate 
consumer of such fertilizer, fertilizing material or cotton seed meal, and no such 
penalty, or part thereof, except as hereinafter authorized, shall accrue to any 
dealer in fertilizer, fertilizing material or cotton seed meal : Provided, That upon 
the assessment of a fine or penalty by the Board of Trustees of Clemson College, 
or a committee thereof, or by judgment in an action at law as herein provided, 
the net total of such fine or judgment shall be paid over to the dealer who sold 
or offered for sale such deficient fertilizer, fertilizing material or cotton seed 
meal, which said dealer shall, within thirty days thereafter, distribute pro rata 
ninety per cent, of such penalty, fine or judgment to the consumer to whom such 
goods as shall have been found deficient were sold, said dealer retaining ten per 
cent, of such penalty, fine or judgment for his services. And any dealer who 
received such fine, penalty or judgment, and who shall refuse so to distribute the 
records thereof upon demand within thirty days after the receipt thereof, or any 
dealer who shall refuse or neglect to accept and distribute said penalties or judg- 
ment, shall be guilty of a misdemeanor, and upon conviction shall be fined not 
more than one hundred ($100.00) dollars, or imprisoned not exceeding ten days, 
or both, in the discretion of any court of competent jurisdiction : Provided, That 
nothing herein contained shall relieve any manufacturer, manipulator or mixer 
who shall have sold his goods direct to the consumer, from paying over to such 
consumer the full amount of any fine, penalty or judgment which may have been 
imposed or found on account of any deficiency in guaranteed analysis. 

Civ. C. '22, § 3296; Civ. C. '12, §§ 2524, 2329; 1904, XXIV, 476; 1909, XXVI, 197; 
1920, XXXI, 1150. 

§ 4234. Weight of Packages — Penalties for Short Weight. — ^AU fertilizers 
or fertilizing materials sold or offered for sale for use within this State shall be 
in a package of one hundred or two hundred pounds each, except as hereinafter 
provided (Section 4237) : Ajid provided, furiher, That this Section shall not 
apply to foreign imported goods in original packages. The weight of the package 
of fertilizers shall be ascertained at the time of the delivery to the purchaser in 
the presence of at least two disinterested witnesses, one chosen by purchaser and 
one by seller, and the purchaser shall, within five days thereafter, notify the 
seller to make good such deficiency, and upon failure of the seller to do so within 
twenty days thereafter, he shaU pay a penalty equal to the value of the goods, 
which penalty shall become recoverable by the State, one-half of the penalty so 
recovered to be paid to the purchaser, in the case of a sale, and the other half to 



§ 4235 CmL Code 2144 

be paid into the State Treasury, subject to tbe order of the Board of Trustees of 
ClemsorL College: Provided, If any such seller shall refuse,, decline or neglect to 
choose a witness as herein prescribed, after having been notified or requested to 
do so, then he or they shall have forfeited their right to do so, and the purchaser 
shall select two witnesses, who shall in turn select a third, and they shall proceed 
to ascertain said weight. 

Civ. C . '22. § 3297: Civ C. '12. § 2-324: 1920. XXXI. 11.50. 

§ 4235. Sale, Transportation or Receipt of Fertilizers Not Properly 
Branded and Tagged Cause of Forfeiture — Recovery. — Every person, com- 
pany, common carrier, or corporation who shall sell, offer for sale or transport 
in this State, or receive after sale, any commercial fertilizer or fertilizing mate- 
rial without being properly branded, or having attached thereto such labels and 
tags as required by law. or who shall use, or permit to be used, the required label 
or tag for a second time, and any person who shall receive any .such fertilizer, 
shall forfeit to the State a sum equal to the selling price of each separate package 
sold, offered for sale or received, to be recovered by suit brought in the name of 
the State in any court of competent jurisdiction : such forfeitures when collected 
shall be paid to the State Treasurer, who shall hold the same subject to the order 
of the Board of Trustees of the Clemson Agricultural College of South Carolina : 
Provided, further, That the penalty denned in this Section shall apply also to 
any misbranded fertilizer — a fertilizer being deemed to be ndsbranded if it car- 
ries any false or misleading statement upon or attached to the package. 

Civ. C. '22. § 8298 ; 1920, XXXI. 11.50. 

§ 4236. Action by the State, — The State may maintain an action in any 
court of competent jurisdiction against the vendor or owner of any fertilizer, 
fertilizing material or cotton seed meal sold in this State, or offered or exposed 
for sale in this State, or shipped or transported within or into the State in viola- 
tion of law. to recover the fines and penalties due for the illegal sale, .shipment 
or transportation thereof, regardless of the domicile or place of residence of .such 
owner or vendor, and shall have a lien upon said fertilizer, fertilizing material 
and cotton seed meal, as well as upon any and all other fertilizers, fertilizing 
material and cotton seed meal to be found within the State belonging to the of- 
fending party or parties, to secure the payment of said fines or penalties and 
costs and expenses of such action, which lien shall be enforced by attachment of 
such fertilizers, fertilizing materials and cotton seed meal, under a writ of 
attachment to be issued in accordance with the practice prescribed in Chapter 2, 
Title 7. Part 2. Code of Civil Procedure, except that no securit^^ as required of 
other plaintiffs by said Chapter, Code of Civil Procedure, need be given by the 
State in such action. That any seller of commercial fertilizers manufactured be- 
yond this State shall be taken and deemed to be an agent of the manufacturer of 
said fertilizer for the purpose of the service of process and of such papers as 
may be necessary in the commencement of any action or suit in any court of com- 
petent jurisdiction authorized under this Article: And provided, further, That if 
there be judgment in favor of this State as plaintiff in such action, and the fer- 
tilizers, fertilizing material and cotton seed meal may be ordered sold under 
execution to satisfy such judgment, an inspector shall, under direction of the 
Board of Trustees of Clemson Agricultural College, or a committee thereof, prior 
to said sale, draw proper samples from such fertilizer, fertilizing material and cot- 
ton seed meal and cause the same to be analyzed by the chemist of said college, 
or under his direction, and shall affix to the package thereof the inspection tags 
and brand, a statement of the result of such analysis on each package, as required 



2145 Civil Code § 4237 

by this Article, so that the purchaser at the Sheriff's or Constable's sale may 
purchase said fertilizer, fertilizing material and cotton seed meal under a full 
guaranteed analysis, as provided by law : Provided, however, That the Board of 
Trustees of Clemson College, or a committee thereof, may remit, in whole or in 
part, upon payment of the expenses incident to an investigation, any penalty 
hereein provided for, except the penalties provided for deficiency in analysis, 
where the offending person or corporation is able to show that its violation of 
this Article was beyond its reasonable ability to prevent ; such remission of pen- 
alty by the Board of Trustees of Clemson College, or a committee thereof, to be 
on such condition as to it may seem equitable and fair. 

Civ. C. '22, § 3299 ; Civ. C. '12, § 2326 ; 1904, XXIV, 476 ; 1909, XXVI, 197 ; 1920, XXXI, 
1150. 

§ 4237. Sales of Fertilizer Material in Bulk. — Manufacturers, jobbers, 
dealers or manipulators of commercial fertilizers may sell acid phosphate or 
other fertilizing material in bulk to persons, individuals or firms who desire to 
purchase the same for their own use on their own lands in this State, but not for 
sale, under such rules and regulations prescribed by the Board of Trustees of the 
Clemson Agricultural College, or a committee thereof, as are not inconsistent 
with the provisions of this Article : Provided, That inspection tax shall be paid 
on such fertilizer as provided in Section 4226. But if such bulk fertilizer is of- 
fered for sale it must be tagged and branded and otherwise accord with pro- 
visions of this Article. 

Civ. C. '22, § 3300; 1912, XXVII, 711; 1920, XXXI, 1150. 

§ 4238. Sale of Fertilizer Not Meeting Requirements as to Nitrogen Un- 
lawful. — It shall be unlawful for any person, firm or corporation to sell, or 
offer for sale in this State any fertilizer or fertilizing material furnishing nitro- 
gen, in which the availability of the nitrogen does not meet the requirements of 
the Board of Trustees of the Clemson Agricultural College. 

Civ. C. '22, § 3301 ; 1920, XXXI, 1150. 

§ 4239. Samples for Analysis. — Any citizen of this State who shall pur- 
chase, for his own use and not for sale, any fertilizers or manures or cotton seed 
meal, shall have the right to have the same analyzed by the Clemson Agricultural 
College by taking a sample of same for analysis from not less than five bags and 
from at least ten per cent, of said fertilizers within fifteen days from the date of 
delivery, by giving the manufacturer thereof whose name and address appears 
on the bag or bags, or tags, at least six days' notice, in writing or by registered 
letter, of his intention to draw such sample, and in case of neglect of said manu- 
facturer to have a representative present within the time required, then in the 
presence of at least two disinterestd witnesses, one to be chosen by such pur- 
chaser and one by the seller, who shall certify that said sample or samples were 
taken from such fertilizers or manures or cotton seed meal, which certificate, with 
the sample or samples, shall be sealed by a third disinterested party in the pres- 
ence of said witnesses and directed to the Clemson Agricultural College. If any 
seller or vendor or manufacturer of fertilizers or commercial manures or cotton 
seed meal shall refuse, decline or neglect to choose a witness, as provided in this 
Section, after having been notified or requested six days before such purchaser to 
do so, then he or they shall have forfeited their right so to do, and such purchaser 
shall select two disinterested witnesses, who shall select a third witness, who 
shall proceed to take samples as hereinbefore provided. All samples of fertilizers 
or cotton seed meal drawn under the provisions of this Section shall be subject 
to such other rules as may be prescribed by the Board of Trustees of Clemson 



§ 4240 



Civil Code 



2146 



College, or a committee thereof, not inconsistent with the provisions of this Ar- 
ticle. 

Civ. C. '22, § 3302; Civ. C. '12, § 2327; Civ. C. '02, § 1540; 1900, XXII, 459; 1904, 
XXIV, 476; 1909, XXVI, 197; 1920, XXXI, 1150. 

§ 4240. Time in Which Samples to Be Analyzed. — Said college shall have 
the said sample or samples analyzed free of cost and within forty (40) days, or 
as soon thereafter as practicable after receiving the sample or samples, supply 
the purchasers and sellers of such fertilizers or manures or cotton seed meal 
with a sworn certificate, giving the per cent, of the different fertilizer ingredi- 
ents, signed by the chemist of said college. 

Civ. C. '22, § 3303; Civ. C. '12, § 2328; Civ. C. '02, § 1541; 1900, XXII, 459; 1904, 
XXIV, 476 ; 1909, XXVI, 197. 

§ 4241. Regulations by Trustees of Clemson College. — The Board of Trus- 
tees of the Clemson Agricultural College of South Carolina shall have authority 
to establish such rules and regulations in regard to the inspection, analysis and 
sale of fertilizers and fertilizing materials as shall not be inconsistent with the 
provisions of this Article, and as in their judgment will best carry out the re- 
quirements thereof. 

Civ. C. '22, § 3304; Civ. C. '12, § 2330; 1904, XXIV, 476; 1909, XXVI, 197; 1920, 
XXXI, 1150. 



ARTICLE 2 
Cotton and Farm Products 



4242. Tare on Cotton. 

4243. Storage Rates.' 

4244. Adoption of Federal Standards. 
424.J-8. Regulations as to Cotton Seed Traf- 
fic. 

4249. Cotton Buyers' Books. 

4250. Ginners' Books. 

4251. Refusal to Accept Bale Bought by 
Sample. 

4252. Traffic in Long Staple Cotton. 

4253. Traffic in Seed Cotton, Marion Coun- 
ty. 

4254. Election of Cotton Weighers. 
4255-7-4259. Oath, Bond and Duties. 
4258. Contracts for Platform. 

4260. Cotton Weigher at Wagener, Aiken 
County. 

4261. Honea Path, Anderson County. 
4262-3. Bamberg County. 

4264. Calhoun County. 
4265-9. Cherokee County. 

4270. Chester County. 

4271. Chesterfield County. 

4272. Colleton County. 

4273. Darlington County. 

4274. Dillon County. 

4275. Dorchester County. 



4276. Edgefield County. 

4277. Edgefield and Lee Counties. 

4278. York and Florence Counties. 

4279. Greenwood County. 
4280-2. Kershaw County. 

4283. Lancaster County. 

4284. Laurens County. 

4285. Lee County. 
4286-90. Lexington County. 

4291. Marlboro County. 

4292. McCormick County. 
4293-9. Newberry County. 
4300. Orangeburg County. 

4301-2. Oconee and Pickens Counties. 
4303-4. Richland County. 
4305-6. Saluda County. 

4307. Sumter County. 

4308. Williamsburg County. 

4309. Abolition of Weigher at York. 
4310-12. Public Cotton Platform in Cities 

from 20,000 to 50,000 Inhabitants. 

4313. Weigher for Farm Products. 

4314. Bond and Oath. 

4315. Fees for Services. 

4316. Certificates of Weight. 

4317. Cotton Seed Weigher in Orangeburg 
County. 



§ 4242. Tare on Cotton Prohibited, Except for Bagging and Ties — ^Weight 
for Tare Prescribed. — The custom of making a deduction from the actual 
weight of bales of unmanufactured cotton as an allowance for breakage or draft 
thereon is abolished; and all contracts made in relation to such cotton shall be 
deemed and taken as referring to the true and actual weight thereof without 
deduction; and no tare shall be deducted from the weight of such bales of 
cotton except the actual weight of the bagging and ties used in baling said cot- 
ton ; and whenever it shall be agreed between the buyer and seller to deduct tare 



2147 Civil Code § 4243 

on cotton bales it shall be as follows : For bales of cotton covered with seven yards 
of standard cotton bagging and six iron ties the actual tare shall be and is hereby 
fixed at sixteen pounds, and for bales of cotton covered with seven yards of 
standard jute bagging and six iron ties the actual tare shall be and is hereby fixed 
at twenty-four pounds; and when buyer and seller agree to sell at net weight, 
and when bales of cotton are covered with seven yards of standard cott©n bag- 
ging and six iron ties, the actual tare shall be and is hereby fixed at sixteen 
pounds, and when bales of cotton are covered with seA^en yards of standard jute 
bagging and six iron ties, the actual tare shall be and is hereby fixed at twenty* 
four pounds. 

Civ. C. '22, § 3305; Civ. C. '12, § 2331; Civ. C. '02, § 1543; G. S. 1195; R. S. 1303; 
1846, XI, 368 ; 1878, XVI, 713 ; 1889, XX, 375. 

§ 4243. Rates of Storage. — The rates of storage of cotton shall not exceed 
twelve and one-half cents per week for each bale of cotton ; the charges for weigh- 
ing cotton shall not exceed ten cents for each bale ; and any person violating the 
provisions of this Section, or either of them, shall forfeit to the owner of the cot- 
ton ten dollars for each offense, which may be recovered by him in any court of 
competent jurisdiction in this State. 

Civ. C. '22, § 3306; Civ. C. '12, § 2332; Civ. C. '02, § 1544; G. S. 1196; R. S. 1304; 
1876, XVI, 175. 

§ 4244. U. S. Cotton Standards Adopted.— The official cotton standards 
of the United States, as established and promulgated from time to time by the 
Secretary of Agriculture of the United States shall, while they are in effect, be 
the official cotton standards of this State. 

1922, XXXII, 840. 

§ 4245. Traffic in Cotton Seed Regulated. — It shall be unlawful for any 
person, individual, firm, partnership or corporation to engage in the buying, 
selling, trading or trafficking in seed cotton between the dates of August 1st and 
December 15th of each year. 

1929, XXXVI, 139. 

§ 4246. Record to Be Kept. — Any person, individual, firm, partnership or 
corporation engaged in the buying, selling, trading or trafficking in seed cotton 
between the dates of January 1st and August 1st of each year shall be required 
to keep a complete and accurate record showing the name of the person from 
whom purchased, the price paid, the address and the number of pounds pur- 
chased, and the said record shall be kept in a place where it may be inspected at 
any time by the public generally. 

1929, XXXVI, 139. 

§ 4247. Hours of Sale. — It shall be unlawful for any person, individual, 
firm, partnership or corporation to buy seed cotton at any time between the hours 
of sunset and sunrise. 

1929, XXXVI, 139. 

§ 4248. Misdemeanor to Violate Provisions Herein. — Any violation of the 
provisions herein shall be punishable by a fine of not less than one hundred 
($100.00) dollars nor more than five hundred ($500.00) dollars, or by imprison- 
ment for a period of not less than thirty (30) days, nor more than one (1) year, 
or by both fine and imprisonment, in the discretion of the court. 

1929, XXXVI, 139. 

§ 4249. Cotton Buyers Required to Keep a Book — Entries — Open to In- 
spection. — Each and every cotton buyer in this State buying from the initial 
seller shall be required to keep a book in which shall be inserted the number of 



§ 4250 Civil Code 2148 

bales of cotton bought by him. He shall number the bales of cotton bought by 
him, the name of those from whom he purchases, and shall give to the seller a 
cotton bill on which he shall put the number of the bale or bales of cotton bought 
from him. The number on the bale of cotton on his books and on the cotton bill 
shall be the same number. Such books of all cotton buyers shall be open to public 
inspection. 

Civ. C. '22, § 3312; Civ. C. '12, § 2338; Civ. C. '02. § 1546: 1894. XXI, 793: 1899. 
XXIII, 90. 

§ 4250. Public Giimers Required to Keep Books for Public Inspection. — 

Every person who runs a public gin shall keep a book in which shall be entered a 
full account of all the cotton brought thereto, with the date and the name of the 
person bringing it, which book shall be open to inspection by the public. The 
ginner shall also number consecutively each bale of cotton as it comes from the 
press, by stencil or other permanent mark, beginning with the number one (1) 
at the opening of the ginning season, so that said stencil or number mark shall 
correspond with the number and weight of the identical bale of cotton as it is 
recorded in the ginner 's book of records, if requested so to do by the owner of 
the cotton. 

Civ. C. '22, § 3313 ; Civ. C. '12, § 2339 ; 1902, XXIII. 1021 : 1929. XXXVI, 153. 

§ 4251. Refusal to Accept Bales Over Three Hundred Pounds Bought by 
Sample. — It shall be unlawful for any cotton buyer to refuse to accept any 
bale of cotton, after he has bought the same by sample thereof, weighing over 
three hundred pounds, provided same corresponds in quality with sample bought 

by. 

Civ. C. '22, § 3314; Civ. C. '12. § 2340; Civ. C. '02, § 1547; 1899. XXIII, 90. 

§ 4252. Trafl&c in Long- Cotton Without a License a Misdemeanor. — The 
County Treasurer of any county is authorized and directed to annually issue a 
license to traffic in long cotton, known as sea island cotton, in the seed, by pur- 
chase, barter or exchange, within the limits of one particular township only in 
said county, and within the period beginning the first day of August and ending 
the thirty-first day of December of each year, to any and every person who shall 
file with said County Treasurer a written application therefor, stating the town- 
ship of said county wherein and the particular place in such township whereat 
such person desires to traffic and do business (the granting of which license 
must be recommended by the Board of Township Commissioners of such town- 
ship). Such license shall specify the township wherein and the particular place 
in such township whereat, as well as the period aforesaid in which such per- 
son is permitted so to traffic and do business; and for every such license, if 
granted, and before the issuing of the same, a fee of fifty dollars shall be paid 
by every such person to the County Treasurer ; and all of such license fees shall 
be held by him, the said Treasurer, subject to the orders of the Chairmen of 
the Boards of Township Commissioners in said county, respectively, and the 
County Supervisor, who shall apply and use the same to and for the enforce- 
ment of the pro\'isions hereof, and to and for the repairing of the roads and 
bridges in the several townships, respectively, and for no other purpose. And 
traffic in long cotton, known as sea island cotton, in the seed, by purchase, bar- 
ter or exchange, without such license, is absolutely prohibited; and any person 
who shall so traffic or attempt to traffic without such a license shall be guilty of 
a misdemeanor, and, on conviction, shall be punished for each offense by a fine 
of not more than one hundred dollars or by imprisonment not exceeding thirty 
days: Provided, That one-half of any such fine when collected shall go to the 
informer : Provided, The provisions of this Section do not apply to the Counties 



2149 Civil Code § 4253 

of Colleton, Beaufort and Charleston, except within the Township of James 
Island. 

Civ. C. '22, § 3315 ; Civ. '12, § 2341 ; Civ. '02, § 1548 ; 1899, XXIII, 90 ; 1900, XXIII, 732. 

§ 4253. Special Regulations of Traffic in Seed Cotton in Portion of Marion 
County. — ^AU persons residing in that portion of Marion County south of a line 
parallel to and exactly one mile north of the Wilmington, Columbia and Augusta 
Railroad engaged in purchase, barter or exchange in seed cotton shall on every 
Saturday night post up in front of the place of business, where seed cotton is 
purchased, bartered or exchanged, the amount of cotton purchased, bartered 
or exchanged during the week and the name or names of parties from whom, 
the purchase or purchases were made, and the amount purchased and to keep 
said record posted for three months : Provided, That no person shall purchase 
any seed cotton within the limits above described after the hour of five o'clock 
in the afternoon and before eight o'clock in the forenoon. 

Civ. C. '22, § 3316 ; Civ. '12, § 2342 ; Civ. '02, § 1551 ; 1894, XXI, 944 ; 1901, XXIII, 728. 

§ 4254. When Public Cotton Weighers May Be Elected — Provisos. — Upon 
the petition of fifty or more qualified electors, who are freeholders and growers 
of cotton in any township or parish in which there may be a cotton market, the 
County Board of Commissioners of that county shall annually elect one or more 
public cotton weighers for said cotton markets, whose term of office shall be 
for one year and until the election and qualification of his or their successors : 
Provided, however, That there shall be two public cotton weighers at Bishop- 
ville, Lee County, who shall receive ten cents per bale for weighing cotton, five 
cents to be paid by the buyer and five cents by the seller, and who shall give 
bond, with good and sufficient surety, to be approved by Supervisor, in the sum 
of one thousand ($1,000.00) dollars each, conditioned for the faithful perform- 
ance of his duty : Provided, That cotton weighers in the County of Greenwood 
shall be elected to hold office for two years, and the cotton weighers already 
elected in Greenwood County shall hold office for two years from their elec- 
tion, and until their successors are elected and qualify: Provided, That in the 
County of Sumter no person shall be voted for or elected a cotton weigher who 
is related within the sixth degree by blood or marriage to one or any one of the 
County Board of Commissioners of said county: Provided, further, That if 
more than one Weigher be elected for the City of Sumter, then in such event one 
of said weighers shall be elected upon the nomination and recommendation 
thereto by the City Council of said city : Provided, That upon petition of the 
operators, or owners, of any public cotton warehouse in Marlboro County show- 
ing that necessity or convenience of the public demands, the Board of County 
Coinmissioners of Marlboro County are authorized and empowered, if in their 
judgment it be deemed advisable, to appoint a public cotton weigher for said 
warehouse. 

Civ. C. '22, § 3317 ; Civ. C. '12, § 2343 ; Civ. C. '02, § 1552 ; 1896, XXII, 57 ; 1897, XXII, 
433 ; 1906, XXV, 140 ; 1911, XXVII, 37 ; 1927, XXXV, 293 ; 1929, XXXVI, 104 : 1930, 
XXXVI, 1128. 

§ 4255. Cotton Weighers to Take Oath and Give Bond — Compensation.— 

Before entering upon the duties of his office, each cotton weigher shall be 
legally sworn to discharge the duties of the position, by some officer authorized 
to administer oaths, and shall enter into bond in the sum of three hundred dol- 
lars for the faithful performance of his duty, which bond shall be approved by 
the County Board of Commissioners, and filed with the Clerk of the Court of 
Common Pleas and General Sessions for the county in which said cotton market 
or markets may be situated. Each weigher shall receive as compensation for 



§ 4256 Civil Code 2150 

his services not more than ten cents for each bale weighed by him, to be fixed by 

the Commissioners, the same to be paid in equal proportion by the seller and 

buyer, except in those markets where the weigher may be paid by individuals 

or corporations, at which markets the seller shall pay nothing. 

Civ. C. '22, § 3318 ; Civ. C. '12, § 2344 ; Civ. C. '02, § 1553 ; 1896, XXII, 57 ; 1900, XXIII, 
484 ; 1906, XXV, 141 ; 1919, XXXI, 232 ; 1920, XXXI, 860. 

§ 4256. Duties of Weigher — Removal from Office. — It shall be the duty of 
ach weigher to provide a platform and scales with ample facilities for handling 
cotton with speed and at minimum cost, at which platform or platforms all cot- 
ton sold in said market or markets shall be weighed. It shall be the duty of each 
weigher to weigh fairly and promptly all cotton sold in said market or markets, 
issuing his own ticket, showing the weight of each bale or package of cotton 
weighed. It shall be his further duty to adjust any difference between sellers and 
buyers as to moisture and mixed or false packing. In case of inability from 
sickness or other cause, and from the first day of March to the first day of Sep- 
tember of each year, a weigher may appoint a deputy, who shall take, before 
entering upon his duties, the usual oath of the office in the manner required of 
the weigher. The elected weigher shall be responsible on his bond for the of- 
ficial acts of his deputy. Each weigher or his deputy shall devote his exclusive 
attention to the duties of his office during the cotton marketing season. Each 
weigher shall test his scales once a month by the standards in the office of the 
Clerk of the Court, as provided by law: Provided, That the County Board of 
Commissioners may, for good and sufficient cause shown, remove any such 
public cotton weigher from his office, after giving such weigher at least ten 
days' notice to show cause why he should not be removed; and shall have power 
to fill any vacancy occurring in the office of public cotton weigher, at the first 
regular meeting of the said board after such vacancy occurs: Provided, That 
nothing herein contained shall apply to sales made on plantations or at cotton 
mills, except that the provisions of the aforesaid Article shall apply to sales 
made at cotton mills in the County of Orangeburg. 

Civ. C. '22, § 3319; Civ. C. '12, § 2345; Civ. C. '02, § 1554; 1896, XXII, 58; 1901, 
XXIII, 729 ; 1906, XXV, 141 ; 1925, XXXIV, 292. 

§ 4257. Further Duties of Weigher— Platform of Weigher.— The cotton 
weighers shall be required to mark and number each bale of cotton as indicated 
by tags of buyer, and keep the cotton of each buyer together in order to facili- 
tate prompt shipment. No cotton shall be allowed to remain on the platform more 
than five days, except upon being subject to a charge of one cent per bale per 
day; and cotton left on platform for any time to be at the owner's risk. The 
platform for cotton weighers shall be furnished by the county, and shall have 
a capacity of 5,000 bales ; and the scales on said platform shall be approachable 
from at least two sides. The weighers, as aforesaid, shall render to the County 
Commissioners a monthly statement of the cotton weighed, and shall pay to the 
County Treasurer one cent per bale for all cotton weighed by them, for the use 
of the platform. 

Civ. C. '22, § 3320 ; Civ. C. '12, § 2346 ; 1904, XXIV, 411 ; 1907, XXV, 610. 

§ 4258. Counties May Make Contracts for Platform.— The County Board 
of Commissioners of any county may enter into a binding and valid contract 
for a time not exceeding ten years with one or more persons or corporations 
which shall agree to furnish a platform of such size and capacity as the said 
Board of County Commissioners may deem sufficient for the expeditious weigh- 
ing of the cotton coming into said market, for the use of which platform the 
said person or persons, or corporation, shall receive as compensation one cent 



2151 Civil Code § 4259 

per bale for all cotton weighed thereon, which shall be paid by the weigher or 
weighers elected for such cotton market (weighing such cotton) : Provided, 
That no cotton shall be allowed to remain on the platform longer than twenty- 
four hours, except upon being subject to a charge of one-half cent per bale for 
each day or fractional part thereof up to five days, and of one cent per bale for 
each succeeding day or fractional part thereof : Provided, further, That the 
cotton weigher or weighers for such cotton market shall be required to number 
and mark at time of weighing, with not more than three letters, as indicated by 
tags or other instructions of buyer of each bale of cotton, and to keep the cotton 
of each buyer together to facilitate prompt shipment: Provided, further. That 
regular buyers and exporters of cotton shall be required to furnish stencils and 
marking material for properly numbering and marketing the cotton by them 
bought. 

Civ. C. '22, § 3321 ; Civ. C. '12, § 2347 ; 1906, XXV, 142. 

§ 4259. Exceptions to Sections. — The provisions of Sections 4255 and 4256 
shall not apply to sales made on plantations or at cotton mills, nor to the Coun- 
ties of Charleston, Laurens, Berkeley, Spartanburg, Aiken, Horry, Georgetown, 
Kichland, Beaufort, Abbeville, Newberry, Oconee, nor to the Town of Liberty, 
in Pickens County, or to Anderson Township, in Anderson County: Provided, 
That in the County of Edgefield for each cotton weigher, his term of office shall 
be for two years from the date of his election, and until his successor shall have 
qualified: Provided, further, That in the County of Edgefield the provisions 
of this Chapter shall apply to all cotton sold or stored in warehouses. 

Civ. C. '22, § 3322 ; Civ. C. '12, § 2348 ; Civ. C. '02, § 1.555 ; 1896, XXII, 58 ; 1898, XXII, 
802 ; 1901, XXIII, 730 ; 1902, XXIII, 1175 ; 1904, XXIV, 431, 410 ; 1906, XXV, 142 ; 1907, 
XXV, 609; 1908, XXV, 1043; 1909, XXVI, 183; 1910, XXVI, 715; 1911, XXVII, 36; 
1915, XXIX, 67 ; 1917, XXX, 219. 

§ 4260. Cotton Weigher at Wagener, Aiken County. — The Executive Com- 
mittee of the Democratic Party at Aiken, South Carolina, is hereby authorized 
and required to place a box at the voting precinct in Wagener for voting for a 
candidate for cotton weigher at said town. Any person offering for the position 
of cotton weigher at Wagener shall file with the Chairman of the Executive 
Committee of the Democratic Party at Aiken the customary pledge to abide by 
the rules and regulations of the said party. All candidates shall be qualified 
electors and reside within the district of the voting precinct at Wagener. The 
County Board of Commissioners of Aiken County is hereby authorized and re- 
quired to appoint the qualified elector who shall be nominated in the election 
provided for in this Section. That the term of office of the cotton weigher shall 
be two years and until his successor is elected and qualified. The said cotton 
weigher shall be a person not connected in any way with the buying and selling 
of cotton, other than cotton raised by such person, and shall receive as his com- 
pensation a fee of not exceeding ten (10) cents for each bale so weighed. The 
charge or fee for weighing cotton at Wagener, in Aiken County, shall be paid 
equally or half by each the purchaser and seller. 

1924, XXXIII, 1052; 1924, XXXIII, 1178. 

§ 4261. Cotton Weigher for Honea Path, Anderson County. — Upon the 
petition of twenty-five or more qualified electors, who are growers and buyers 
of cotton, or cotton growers or cotton buyers, resident within five miles of 
Honea Path, the town council of said town shall, within thirty days after the 
receipt of said petition, provide for and annually conduct an election, and in 
the usual manner of elections in said town, for a public cotton weigher for 
said town, whose term of office shall be for one year, and until the election 



§ 4262 Civil Code 2152 

and qualification of his successor. At such election all and only cotton growers 
and cotton buyers who are qualified electors and reside within a radius of five 
miles of the depot in said town, shall be entitled to vote; the said town council 
shall declare the result of said election, and the person receiving the highest 
number of votes shall be the public cotton weigher for said town, and he shall 
receive as compensation for his services not exceeding five cents per bale for 
every bale of cotton weighed, one-half to be paid by the buyer and one-half by 
the seller; such weigher shall finally adjust and settle all differences or dis- 
putes between buyers and sellers as to proper deductions to be allowed from 
water, dampness, damaged cotton, or any false packing; and the said weigher 
shall test the scales every morning before weighing cotton, so as to insure ac- 
curacy. In case of inability from sickness or other cause, the said weigher may 
appoint a deputy, who shall take, before entering upon his duties, the usual 
oath of office in the manner required of the weigher. Before entering upon the 
duties of his office, said cotton weigher shall be legally sworn to discharge the 
duties of his position by the Intendant of the Town of Honea Path, and shall 
enter into bond in the sum of three hundred dollars for the faithful performance 
of his duty, which bond shall be approved by the town council of Honea Path, 
and filed with the Clerk of the Court of Common Pleas for Anderson County. 
The elected weigher shall be responsible on his bond for the official acts of 
his deputy. 

Civ. C. '22, § 3323; Civ. C. '12, § 2349; Civ. C. '02, § 1556; 1889, XXIII, 87. 

§ 4262. Cotton Weighers Elected in Bamberg County. — There shall be 
nominated at the regular primary election for Bamberg County, a cotton 
weigher for each of the following towns, to wit: Bamberg, Denmark, Bhrhardt 
and Olar, whose terms of office shall be two years, beginning on Tuesday after 
the first Monday in October following their nomination : Provided, That the 
Board of County Commissioners for said county shall appoint such persons as 
are nominated for said positions : Provided, further, The following voting pre- 
cincts are hereby designated for the voters for said weighers : Bamberg ter- 
ritory — Bamberg, Midway, Edisto, Hunter's, Chappel and Clear Pond; Den- 
mark territory — Denmark, Millhouse's Mill and Lee's; Ehrhardt territory — 
Ehrhardt and Kearse; Olar territory — Olar, Govan and Colston. 

Civ. C. '22, § 3324 ; Civ. C. '12, § 2365 ; 1911, XXVII, 38 ; 1913, XXVIII, 22. 

§ 4263. Cotton Weighers Elected in Bamberg County. — Hereafter all pub- 
lic cotton weighers in Bamberg County shall be elected in the Democratic 
primaries for their respective districts, as Magistrates are now nominated. 

Civ. C. '22, § 3325; Civ. C. '12, § 2370; 1911, XXVII, 38. 

§ 4264. Cotton Weighers at St. Matthews, Cameron, Fort Motte and Lone 
Star, Calhoun County. — At the primary elections in Calhoun County, the man- 
agers of the precincts at St. Matthews, Cameron, Port Motte and Lone Star, in 
said county shall provide a box for the election of a cotton weigher for each 
of said towns, whose term of office shall be for two years or until the election 
and qualification of his successor. At said election all persons who are qualified 
to vote at said election shall cast their votes. The managers of said primary 
shall declare the result of said election and the person receiving the highest 
number of votes shall be the public cotton weigher of said town, and he shall 
receive as compensation for his services not exceeding twenty (20) cents per 
bale for every bale of cotton weighed, one half to be paid by the buyer and one- 
half by the seller. Such weigher, wlien requested, shall adjust all differences 
or disputes between buyers and sellers as to proper deductions to be allowed 



2153 Civil Code § 4265 

from water, dampness, damaged cotton or any false packing, and said weigher 
shall test the scales every morning before weighing any cotton, so as to insure 
accuracy. In case of inability from sickness, or other cause, the said weigher 
may appoint a deputy, who shall take, before entering upon his duties the oath 
of office required of the weigher. Before entering upon the duties of his office, 
the said cotton weigher shall be sworn to discharge the duties of his position 
by the Clerk of Court of said county, and shall enter into a bond in the sum of 
five hundred ($500.00) dollars for the faithful performance of his duty, which 
bond shall be approved by said Clerk of Court and filed in his office, and the 
said weigher shall be responsible on his bond for the official acts of his deputy. 
1922, XXXII, 777. 

§ 4265. Cotton Weigher in Cherokee County — Term of OflBce — Compensa- 
tion. — Hereafter the County Commissioners of Cherokee County be, and they 
are hereby, empowered to elect a cotton weigher for Gaffney, in said county, 
instead of the City Council for Gaffney, as now provided for by law, fix his 
compensation and provide suitable platforms for holding cotton weighed. 

Civ. C. '22, § 3326; 1915, XXIX, 383; 1921, XXXII, 172. 

§ 4266. May Appoint Substitute — Employ Help — Compensation. — Said 
weigher is empowered to appoint a substitute in case of his disability from 
any cause, and employ such help as may be necessary to handle such cotton ex- 
peditiously, such help to receive not more than the rate each of $1.25 per day, 
to be also paid out of the ordinary funds of said county. 

Civ. C. '22, § 3327; 1915, XXIX, 383. 

§ 4267. Bond — Oath — Scales — Platform — County Commissioners. — The 

weigher, before entering upon the discharge of his duties, shall enter into bond 
in the sum of five hundred ($500) dollars, with sureties to be approved by the 
Board of County Commissioners, and subscribe to an oath for the faithful per- 
formance of his duties personally or by substitute (said oath shall also be sub- 
scribed by his substitute). Said weigher, or his substitute, shall provide scales 
and platform for the handling of such cotton, to be paid for by the Board of 
County Commissioners out of the ordinary fund of said county: Provided, 
Before any such contract is made for the use of scales and platform the said 
Board of County Commissioners must approve of the same. 

Civ -C. '22, § 3328; 1915, XXIX, 383. 

§ 4268, Fee for Weighing.— The seller and buyer of any cotton on the mar- 
ket at Gaffney shall each pay to such weigher five cents per bale for each bale 
weighed, to be by him turned over to the County Treasurer monthly, and on the 
15th day of June in every year, after deducting the expenses for salaries, labor 
and charges for scales and platform, any balance shall be converted into the 
ordinary funds of the county. 

Civ. C. '22, § 3329; 1915, XXIX, 383. 

§ 4269. Duties of Weigher. — The weigher, or his substitute, shall weigh 
correctly all cotton bought and sold on said market, and settle all questions of 
tare loss or damage between the buyer and seller which may be referred to him 
by either, and furnish both a certificate of the number of each bale, its weight 
and amount of tare loss or damage, retaining a stub, showing the same facts 
with corresponding numbers on each. 

Civ. C. '22, § 3330; 1915, XXIX, 383. 

§ 4270. Cotton Weighers for Chester County — Bond and Duties. — That 
public cotton weigher or weighers shall be annually elected for each of the 
incorporated cities or towns, in the County of Chester upon the petition of twen- 



§ 4271 Civil Code 2154 

ty-five or more growers of cotton in the territory surrounding such city or 
town. Said petition for the election of such public cotton weigher shall be filed 
annually with the Board of County Commissioners, respectively, of said counties 
on or before the first Monday in July of each year, and the said County Com- 
missioners, with the Mayor or Intendant of the respective city or town to and 
for which the said petition applies and relates, shall elect such weigher or 
weighers during the month of July, whose term of office shall be one year and 
until the election and qualification of his or their successor or successors in 
office. When elected, the said cotton weighers shall give the bond and discharge 
all the duties and be subject to all the requirements provided for public cot- 
ton weighers in the General Statutes ; and the said Board of County Commis- 
sioners shall fix the compensation, but which shall not exceed twenty cents per 
bale, one-half thereof to be paid by the seller and one-half by the buyer, and 
remove the said weighers from office under the provisions of the General Stat- 
utes: Provided, That in Chester County the Board of County Commissioners 
shall furnish the cotton weighers at Chester with standard, visible scales, 
and, upon the application of the weigher, keep the same in good repair. 

Civ. C. '22, § 3331 ; Civ. C. '12, § 2357 ; 1908, XXV, 1198 ; 1917, XXX, 218 ; 1918, XXX, 
775 ; 1920, XXXI, 105, 844. 

§ 4271. Cotton Weighers for Chesterfield County. — There shall be elected 
every two years in each town in the County of Chesterfield, where cotton is 
marketed, a public cotton weigher, who shall be sworn to discharge the duties 
of his position by some officer authorized to administer oaths, and whose term 
of office shall be two years and until his successor is elected and qualified. The 
election of such weigher shall be held on the fourth Tuesday in August, at the 
time for holding the general primary election, and shall be held under the rules 
governing the Democratic party of this State, and the candidate receiving the 
majority of votes cast shall be declared elected. The managers of election in 
the general primary election shall act as managers of election for such cotton 
weighers and shall certify the result of such election to the Mayor or Intendant 
of the town where such weigher is to weigh cotton, and such Mayor or Intendant 
of such town shall name the candidate elected as such cotton weigher for said 
town. Said weigher shall enter into bond to the Town Council of such town in 
the sum of three hundred dollars, conditioned for the faithful performance of 
his duties, which bond shall be approved by and filed with the said town coun- 
cil. The Mayor or Intendant of each of said towns shall give at least three 
weeks ' notice of such election, and may give said notice by posting same in three 
public places. The qualifications for voting for such cotton weighers shall be: 
First, the voter must be qualified to vote in the Democratic primary; second, 
the voter must be a resident of said county; and, third, such voter shall vote 
for cotton weigher for the town where such voter markets the most of his cot- 
ton. Any voter qualified to vote in the primary and residing within the limits 
of the town where such cotton weigher is to weigh cotton, shall also be entitled 
to vote for such cotton weigher. Boxes shall be placed at the precincts most 
convenient for the voters for such cotton weighers, and shall also be placed at 
precincts outside the limits of such towns. The candidates for cotton weighers 
shall have the right to have boxes placed at .the said voting precincts. Each 
candidate shall prepare his own ballots. Each voter shall take an oath that he 
has not before voted for cotton weigher in said election. Each said weigher 
shall receive as compensation for his services eight cents per bale, four cents to 
be paid by the purchaser and four cents to be paid by the seller. It shall be the 
duty of such weigher to provide scales for the weighing of such cotton as may 



2155 Civil Code § 4272 

be brought to such market, which scales shall be subject to inspection at all timeS; 
It shall be the duty of such weigher to adjust all differences between buyer and 
seller as to moisture and dampness of said cotton, etc. In the event that no can- 
didate offers in such election for such office, the town council shall appoint 
some suitable person to weigh cotton for such town, or to make t-iich arrange- 
ments for weighing cotton in such town as the town council may deem best. In 
the event of vacancy by resignation or death of any of said cotton weighers, 
the town council shall appoint some suitable person for cotton weigher foi 
the unexpired term. 

Civ. C. '22, § 3332; Civ. C. '12, § 2353; 1909, XXVI, 122; 1910, XXVI, 632; 1912, 
XXVII, 641 ; 1914, XXVIII, 464 ; 1918, XXX, 871. 

§ 4272. Cotton Weighers at Lodge, Smoaks and Walterboro, Colleton 
County. — At the primary elections in Colleton County, the managers for the 
precincts at Lodge, Smoaks and Walterboro, in said county, shall provide a 
box for the election of a public cotton weigher for each of said towns, whose 
term of office shall be for two years, or until the election of his successor. At 
such election, all cotton growers and cotton buyers who are qualitied electors 
and who are entitled to vote at the above precincts at said primary election, 
shall be entitled to vote. The managers of said primary shall declare the re- 
sult of said election and the person receiving the highest number of votes shall 
be the public cotton weigher for said town, and he shall receive as compensa- 
tion for his services not exceeding twenty cents per bale for every bale of cot- 
ton weighed, one-half to be paid by the buyer and one-half by the seller; such 
weigher shall finally adjust and settle all differences or disputes between buyers 
and sellers as to proper deductions to be allowed from water, dampness, dam- 
aged cotton or any false packing, and said weigher shall test the scales every 
morning before weighing any cotton, so as to insure accuracy. In case of in- 
ability from sickness, or other cause, the said weigher may appoint a deputy, 
who shall take, before entering upon his duties, the oath of office required of 
the weigher. Before entering upon the duties of his office, the said cotton 
weigher shall be sworn to discharge the duties of his position by the Clerk of 
Court for Colleton County, and shall enter into a bond in the sum of five hun- 
dred dollars for the faithful performance of his duty, which bond shall be ap- 
proved by the Clerk of Court for said county and filed in his office, and the said 
weigher shall be responsible on his bond for the official acts of his deputy: 
Provided, The compensation for all cotton weighers in Colleton County shall 
be as herein fixed, and such weighers shall place such marks and numbers on 
bales weighed by them as shall be desired by the buyer. 

Civ. C. '22, § 3333; Civ. C. '12, § 2360; 1910, XXVI, 637; 1920, XXXI, 843. 

§ 4273. Cotton Weighers for Lamar, Darlington County. — Upon the peti- 
tion of twenty-five or more qualified electors, who are growers and buyers of 
cotton, or cotton growers, or cotton buyers, resident within five miles of Lamar, 
in Darlington County, the town council of said town shall, within thirty days 
after receipt of said petition, provide for and annually conduct an election, and 
in the usual manner of elections in said towns, for a public cotton weigher for 
said town, whose term of office shall be for one year, and until the election and 
qualification of his successor. At such election all and only cotton growers and 
cotton buyers who are qualified electors and reside within a radius of five miles 
of the depot, in said towns, shall be entitled to vote ; the said town council shall 
declare the result of said election, and the person receiving the highest number 
of votes shall be the public cotton weigher for said towns, and he shall receive 
as compensation for his services not exceeding six cents per bale for every bale 



§ 4274 Civil Code 2156 

of cotton weighed, one-half to be paid by the buyer and one-half by the seller; 
such weigher shall finally adjust and settle all differences or disputes between 
buyers and sellers as to proper deductions to be allowed from water, dampness, 
damaged cotton, or any false packing ; and the said weigher shall test the scales 
every morning before weighing cotton, so as to insure accuracy. In case of inability 
from sickness or other cause, the said weigher may appoint a deputy, who shall 
take, before entering upon his duties, the usual oath of office in the manner re- 
quired of the weigher. Before entering upon the duties of his office, said cotton 
weigher shall be legally sworn to discharge the duties of his position by the 
Intendant of the Town of Lamar, and shall enter into bond in the sum of three 
hundred dollars for the faithful performance of his duty, which bond shall be 
approved by the Town Council of Lamar, and filed with the Clerk of the Court 
of Common Pleas for Darlington County. The elected weigher shall be responsi- 
ble on his bond for the official acts of his deputy. 
Civ. C. '22, § 3334 ; Civ. C. '12, § 2361 ; 1909, XXVI, 58. 

§ 4274. Fees of Cotton Weighers in Dillon County. — It shall be unlawful 
for any cotton weigher in the County of Dillon, to charge in excess of ten 
cents per bale for weighing and marking cotton, when used for weighing such 
cotton, any scale other than automatic scales, and not more than twenty cents 
per bale when using automatic scales. 

Civ. C. '22, § 3385 ; 1920, XXXI, 1562. 

§ 4275. Cotton Weighers in Dorchester County. — The County Commission- 
ers of Dorchester County are authorized and directed to order elections to 
be held at time of general elections, for the purpose of electing a public cotton 
weigher for each of the following districts : The cotton weigher who does busi- 
ness at St. George's shall be voted for by the qualified electors of St. George's, 
Indianfield, Badham and Grover precincts. The cotton weigher who does busi- 
ness at Harleyville shall be elected by the qualified voters of Harleyville, Dor- 
chester and Pregnall precincts. The cotton weigher who does business at Ridge- 
ville shall be elected by the qualified voters of Ridgeville precinct. The cotton 
weigher who does business at Givhans shall be elected by the qualified electors 
of Givhans and Beach Hill precincts; and the cotton weigher who does busi- 
ness at Summerville shall be elected by the qualified voters of all the precincts 
in Summerville, Knightsville and Delemars, who shall hold their offices for the 
term of two years and until their successors are elected and qualified : Provided, 
That no such election need be held for any of these places unless cotton 
weighers have been therein lawfully installed; and said Commissioners shall 
make such rules and regulations for the government of such elections as to them 
shall seem proper ; they shall also fix the compensation to be received by each of 
the said cotton weighers ; said compensation not to exceed fifteen cents per 
bale for each bale of cotton weighed by any one of them, seven cents to be paid 
by the seller and eight cents by the buyer, and said cotton weigher shall furnish 
his own platform and scales. Said Commissioners shall canvass the votes polled 
at said elections, declare said elections and issue a commission to the person 
declared elected : Provided, That no person elected public cotton weigher un- 
der the provisions of this Section shall receive a commission to enter upon 
the discharge of his duties as such public cotton weigher until he has entered 
into a good and sufficient bond, with two or more sureties, in the sum of three 
hundred dollars, payable to said Commissoners, and conditioned for the faith- 
ful performance of his duties as such cotton weigher; said bond to be ap- 
proved by said Commissioners. Any other person than a duly elected and com- 
missioned cotton weigher, charging or receiving any sum or sums of money or 



2157 Civil Code § 4276 

other valuable consideration for weighing cotton in said County of Dorchester, 
shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined a 
sum not exceeding one hundred dollars, or imprisonment for a term not exceed- 
ing thirty days. The said Commissioners are authorized to fill any vacancy 
caused by the death or resignation of any cotton weigher elected under the 
provisions of this Section, by appointment. That all scales shall be tested by the 
Clerk of Court. 

Civ. C. '22, § 3336 ; Civ. C. '12, § 2362 ; 1908, XXV, 1209 ; 1919, XXXI, 70. 

§ 4276. Cotton Weighers for Johnston, Edgefield County. — On the third 
Saturday in August, 1931, and on the same day every two years thereafter, 
there shall be conducted in the Town of Johnston, Edgefield County, S. C, an 
election at which there shall be elected two public cotton weighers for said 
town, whose term of office shall begin on the first day of September thereafter 
and continue for a period of two years, or until their successors shall have been 
elected and qualified, at which election only such qualified electors who shall 
buy or sell cotton in the Town of Johnston, and who live within a radius of six 
miles from the depot of said town shall be eligible to vote. The said cotton 
weighers shall be paid for their services fourteen (14) cents for every bale of 
cotton weighed by them, seven (7) cents to be paid by the purchaser and seven 
(7) cents paid by the seller. 

For the purpose of holding the election provided for in this Section, the 
County Commissioners of Edgefield County shall, thirty days before such elec- 
tion, appoint three managers and a clerk, who shall be required to take their 
oath as managers and who shall conduct such election as general elections are 
now conducted, and who shall declare the result of said election, and the two 
persons receiving the highest number of votes cast shall be declared to be the 
duly elected cotton weighers for the said town: Provided, That at least three 
weeks' public notice of the time and place of such election shall be given by post- 
ing notices thereof in at least three conspicuous places within the territory or 
by publication of said notice in some newspaper published in Edgefield County. 

1930, XXXVI, 1240. 

§ 4277. Compensation for Cotton Weighers in Edgefield County. — Except 
in the Town of Johnston, Edgefield County, the cotton weighers of Edgefield 
County shall receive as compensation for their services twenty (20c) cents for 
each bale of cotton weighed by them, ten (10c) cents of which shall be paid 
by the seller and ten (10c) cents by the buyer thereof, and the weighers shall 
mark each bale weighed in plain letters and numbers as required by the buyer. 

Civ. C. '22, § 3337; 1920, XXXI, 974. 

§ 4278. Compensation of Cotton Weighers in York and Florence Counties. 

— The public cotton weighers of York and Florence Counties shall receive as 
compensation for their services twenty (20) cents for each bale of cotton 
weighed by them, ten (10) cents of which shall be paid by the seller and ten 
(10)' cents by the buyer thereof. 
Civ. C. '22, § 3338; 1920, XXXI, 843. 

§ 4279. Compensation of Cotton Weighers in Greenwood County. — All cot- 
ton weighers of Greenwood County who have heretofore been appointed or 
elected to that position, or who hereafter may be appointed or elected to that 
position, shall be paid for weighing cotton sixteen cents per bale, one-half of 
said amount shall be paid by the buyer and one-half by the seller. 

Civ. C. '22, § 3339; 1920, XXXI, 860. 



§ 4280 Civil Code 2158 

§ 4280. Cotton Weigher for Town of Kershaw. — The town council of the 
To"v\Ti of Kershaw in the Counties of Lancaster and Kershaw are hereby au- 
thorized and directed to order an election to be held in the said Town of Ker- 
shaw in the said counties and State, on the fourth Tuesday in September, 1930, 
and every two years thereafter at which there shall be elected by the qualified 
electors residing within the said Counties of Kershaw and Lancaster, a public 
cotton weigher, who shall have his office in the said Town of Kershaw and who 
shall be sworn to discharge the duties of the position by some officer authorized 
to administer an oath, the town council of the said Town of Kershaw shall ap- 
point three men as managers of said election and shall give at least fifteen days' 
notice of the time and place of the holding of such election. The said weigher 
shall be required to enter into bond in some reliable security company to the 
town council of the Town of Kershaw in the sum of one thousand ($1,000.00) 
dollars for the faithful performance of his duties which bond shall be approved 
by and filed with the said town council; which said weigher shall receive as 
compensation for his services twtoty cents per bale for each bale weighed by 
him which shall be paid as follows, to-wit : 10 cents by the buyer of the cotton 
and 10 cents by the seller thereof. It shall be the duty of the said cotton weigher 
to provide scales and all ample facilities for handling the cotton sold and to be 
weighed; to weigh same fairly and promptly and issue a ticket therefor, which 
shall have the names of the buyer and seller and weight of each bale. It shall 
be the further duty of the weigher to adjust any difference between buyers and 
sellers as to moisture, dampness, mixture of different kinds and grades of cot- 
ton, false packing and otherwise. The weigher may appoint a deputy who shall 
serve in case of the disability, sickness, or other incapacity of the weigher which 
said deputy shall take the usual oath of office before an officer authorized to 
administer same before entering upon the discharge of his duties. In the event 
either the buyer or seller suffers loss or is injured on account of the negligence, 
carelessness or incapacity of the weigher or from inattention to his duties, such 
weigher and his bondsman shall be held liable to the extent of such loss or injury. 

For the purpose of this Section "qualified electors" shall include any and aU 
citizens residing within the Counties of Lancaster and Kershaw, who shall, on 
or before the 5th day fixed for such election upon the production of his or her 
registration certificate, procure from the clerk of the town council of the Town 
of Kershaw an additional certificate that he or she is a duly qualified elector 
under the laws governing the election in the State of South Carolina, and 
entitled to vote in said election for cotton weigher. It shall be the duty of the 
said clerk to advertise by publishing a notice of said election in some newspaper 
in general circulation in the Counties of Lancaster and Kershaw or by posting 
notices in three conspicuous places in such counties for at least fifteen days be- 
fore such election, the time and place such additional certificates may be pro- 
cured, and shall open books and issue such certificate to such persons as m?Lj 
be entitled thereto under the provisions of this Section, the said town clerk of 
the Town of Kershaw to be the judge of all necessary compliance with these 
qualifications: Provided, Said clerk shall close his registration books for such 
election at 4 o'clock on the fifth day next preceding such election, and deliver 
to the managers of such election, forthwith, a certified list of the names of all 
persons to whom he shall have issued such certificates, and such certified list 
shaU be used by the said managers as the poll list in such election. The person 
receiving the highest number of votes cast in such election shall be the cotton 
weigher for said town, and his term of office shall be for two years, and until 
the election and qualification of his successor. 

Civ. C. '22, § 3340 ; Civ. a '12, § 2358 ; 1909, XXYI, 194 ; 1912. XXVII. 65 ; 1915. XXIX, 
192 ; 1922, XXXII, 1009 ; 1930, XXXVI, 1856. 



2159 Civil Code § 4281 

§ 4281. Cotton Weigher at City of Camden, Kershaw Comity. — The cotton 
weigher in the City of Camden shall be appointed as heretofore provided, but 
that his compensation shall be 20 cents per bale for each and every bale weighed, 
one-half of said compensation to be paid by the seller, and one-half by the buyer. 
. 1922, XXXII, 1009. 

§ 4282. Cotton Weigher for Kershaw County — Bethune. — There shall be 
elected by the qualified electors, resident within the Couny of Kershaw, a pub- 
lic cotton weigher, who shall have his office in the Town of Bethune, in said 
county. All the provisions of Section 4302 of the Article, as to the cotton 
weigher at Pickens, regulating the time of elections, the appointment of 
managers and the conduct of electors, the bond of the cotton weigher, and his 
powers, duties, term of office and compensation, shall apply to the cotton 
weigher to be elected at Bethune, except that said cotton weigher shall be 
elected for a term of two years and until his successor is elected and qualified. 
For the purposes of this Section, ' ' qualified electors ' ' shall include all male 
citizens who are patrons of the Bethune cotton market, resident within the 
County of Kershaw, who shall, on or before the third day before the d&y fixed 
for such election, upon the production of his registration certificate, procure 
from the clerk of the town council of the Town of Bethune an additional certif- 
icate that he is a duly qualified elector under the law governing general elec- 
tions in the State of South Carolina, and entitled to vote in the annual election 
for cotton weigher. 

Civ. O. '22, § 3341 ; Civ. C. '12, § 2359 ; 1906, XXV, 139 ; 1907, XXV, 626 ; 1908, XXV, 
1202 ; 1912, XXVII, 65. 

§ 4283. Cotton Weigher in Lancaster, Heath Springs and Kershaw, Lan- 
caster County. — The County Commissioners of Lancaster County are author- 
ized and directed to order elections to be held in the Towns of Lancaster, Heath 
Springs, and Kershaw, in Lancaster County, on the second Tuesday in August, 
1899, and every two years thereafter, for the purpose of electing a public cot- 
ton weigher for each of said towns, respectively; and said Commissioners shall 
make such rules and regulations for the government of such elections as to them 
shall seem proper; they shall also fix the compensation to be received by each 
of said cotton weighers, said compensation not to exceed twenty cents for each 
bale weighed by them, ten cents of which shall be paid by the seller and ten 
cents by the buyer, and the weighers shall mark each bale weighed in plain 
letters and figures as required by the buyer. Said Commissioners shall canvass 
the votes polled at said elections, declare said elections, and issue a commission 
to the person declared to be elected : Provided, That no person elected public cot- 
ton weigher under the provisions of this Section shall receive a commission to 
enter upon the discharge of his duties as such public cotton weigher until he 
has entered into a good and sufficient bond, with two or more sureties, in the 
sum of one thousand dollars, payable to said Commissioners, and conditioned 
for the faithful performance of his duties as such cotton weigher, said bond 
to be approved by said Commissioners. Any other person than a duly elected 
and commissioned cotton weigher, charging or receiving any sum or sums of 
money or other valuable consideration for weighing cotton in said County of 
Lancaster, shall be guilty of a misdemeanor, and, upon conviction thereof, shall 
be fined a sum not exceeding one hundred dollars, or imprisonment for a term 
not exceeding thirty days. The said Commissioners are authorized to fill any va- 
cancy caused by the death or resignation of any cotton weigher elected under 
the provisions of this Section by appointment. 

Civ. C. '22, § 3342; Civ. C. '12, § 2352; Civ. C. '02, § 1558; 1899, XXII, 194; 1920, 
XXXI, 974. 



§ 4284 CiYiL Code 2160 

§ 4284. Term of Cotton Weigher at Cross Hill, Laurens County. — The term 

of office of a cotton weigher for the Town of Cross Hill shall be for a term of 
two years. The cotton weigher for the Town of Cross Hill shall be elected at the 
next primary election, subject to the rules and regulations of the Democratic 
primaries in this State, and that all persons residing in Cross Hill township who 
are qualified to vote in the Democratic primary shall have a right to A'Ote for 
a cotton weigher in the Town of Cross Hill. 
1922, XXXII, 776. 

§ 4285. Compensation of Cotton Weighers in Lee County. — The compen- 
sation for cotton weighers in Lee County shall be fixed by the County Com- 
missioners of said county in such amount as they shall deem proper and just: 
Provided, That when such compensation is fixed one-half of same shall be paid 
by the seller and one-half by the buyer. 

1927, XXXV, 240. 

§ 4286. Public Cotton Weigher at Batesburg, Lexington County. — Upon 
the petition of twenty-five or more qualified electors, who are growers and 
buyers of cotton, or cotton growers or cotton buyers resident within five miles 
of Batesburg, the town council of said town shall, within thirty days 
after the receipt of said petition, provide for an election, and in the usual 
manner of election in said town, for a public cotton weigher for said town, 
whose term of office shall be for two years ; or until the election and qualifica- 
tion of his successor. At such election, all and only cotton growers and cotton 
buyers who are qualified electors, and reside within a radius of five miles of 
the depot in said town, and who has sold or bought cotton in said town within 
the last two years shall be entitled to vote : Provided, That any elector before 
voting shall satisfy the managers of election by exhibiting a certificate from 
some cotton buyer or merchant that he has sold cotton within the time pre- 
scribed ; the said town council shall declare the results of said election, and the 
person receiving the highest number of votes shall be the public cotton weigher 
for said town, and he shall receive as compensation for his ser^-ices not exceed- 
ing ten cents per bale for every bale of cotton weighed, one-half to be paid by 
the buyer and one-half by the seller. Such weigher shall finally adjust and settle 
all differences and disputes between buyers and sellers as to proper deductions 
to be allowed from water, dampness, damaged cotton, or any false packing ; and 
the said weigher shall test the scales every morning before weighing any cotton, 
so as to insure accuracy. In case of inability from sickness or other cause, the 
said weigher may appoint a deputy, who shall take, before entering upon his 
duties, the usual oath of office in the manner required of the weigher. Before 
entering upon the duties of his office, said cotton weigher shall be legally 
sworn to discharge the duties of his position by the Tntendant of the Town of 
Batesburg, and shall enter into bond in the sum of three hundred dollars for 
the faithful performance of his duty, which bond shall be approved by the 
town council of Batesburg, and filed with the Clerk of the Court of Common 
Pleas for Lexington County. The elected weigher shall be responsible, on his 
bond, for the official acts of his deputy: Provided, That the weigher herein 
designated shall furnish at his own expense all necessary help for the ex- 
peditious handling of cotton to be weighed under the terms of this Article. 

Civ. C. '22, § 3343; Civ. C. '12, § 2363; 1910, XXVI, 700; 1918, XXX, 706: 1927, 
XXXV, 200. 

§ 4287. Cotton Weighers at Lexington, in Lexington County. — On the sec- 
ond Tuesday of August, 1918, and every two years thereafter, the qualified 
electors, entitled to vote at Lexington, Cromers, Irene, St. Matthews and Boyls- 



216.1 CmL Code § 4288 

ton precincts, in Lexington County, shall hold an election for a cotton weigher 
for the Town of Lexington, in said county, whose term of office shall be for two 
years, or until his successor has been elected and qualified. That a majority' of 
votes cast in said election shall be necessary to a choice. That the compensation 
and duties of said cotton weigher, when so elected and qualified, shall be as 
prescribed by the Civil Code of South Carolina. 
Civ. C. '22, § 3344 ; 1918, XXX, 761. 

§ 4288. Cotton Weigher at Pelion, Lexington County — Election — Term — 
Compensation. — On the first Tuesday of August, 1920, and every two years 
thereafter, the qualified electors entitled to vote at Pelion, Rishton and Sharp 
Hill precincts, in Lexington County, shall hold an election for a cotton weigher 
for the Town of Pelion, in said county, whose term of office shall be for two 
years, or until his successor has been elected and qualified. A majority of votes 
cast in said election shall be necessary to a choice. The compensation and duties 
of said cotton weigher, when so elected and qualified, shall be as prescribed by 
the Civil Code of South Carolina. 

Civ. C. '22, § 3345; 1920, XXXI, 841. 

§ 4289. Election for Cotton Weigher at Swansea — Term — Provisos. — On 

the second Tuesday of August, every two years, the qualified electors entitled 
to vote at the polling precincts of Swansea, Gaston, Poole's Mill and Sandy 
Run, in Lexington County, shall hold an election for a cotton weigher for 
Swansea, in said county, whose term of office shall be for two years, and until 
his successor has been elected and qualified : Provided, That the term of of- 
fice of the present cotton weigher shall not be interfered with by this Article: 
Further provided, That a majority of the votes cast at such elections shall be 
necessary to elect. 

Civ. C. '22, § 3346; Civ. '12, § 2354; 1908, XXV, 1210; 1910, XXVI, 640; 1917, XXX, 
220; See 1925, XXXIV, 123 for a temporary Act relative to the Election of a Cotton 
Weigher at Swansea. 

§ 4290. Compensation and Duties — Swansea, Lexington County. — The 

duties and location of such cotton weigher shall remain as now provided by 
law. He shall receive as compensation for his services not exceeding ten cents 
per bale for every bale of cotton weighed, one-half to be paid by the buyer and 
one-half by the seller. Such weigher shall finally adjust and settle all differences 
or disputes between buyers and sellers as to proper deduction to be allowed 
from water, dampness, damaged cotton, or any false packing; and the said 
weigher shaU test the scales every morning before weighing any cotton, so as 
to insure accuracy. In case of inability from sickness or other cause, the said 
weigher may appoint a deputy, who shall take, before entering upon his duties, 
the usual oath of office in the manner required of the weigher. Before entering 
upon the duties of his office said cotton weigher shall be legally sworn to dis- 
charge the duties of his position by the Intendant of the Town of Swansea, and 
shall enter into bond in the sum of three hundred dollars for the faithful per- 
formance of his duty, which bond shall be approved by the town council of 
Swansea, and filed with the Clerk of the Court of Common Pleas for Lexington 
County. The elected weigher shall be responsible on his bond for the official acts 
of his deputy. 

Civ. C. '22, § 3347; Civ. C. '12, § 2354; 1908, XXV, 1210; 1910, XXVI, 640; 1917, 
XXX, 220. 

§ 4291. Compensation of Cotton Weighers in Marlboro County. — Here- 
after all cotton weighers in Marlboro County shall receive as compensation for 
their services the sum of twenty cents for each bale of cotton weighed by them, 



§ 4292 Civil Code 2162 

one-half of which sum shall be paid by the buyer and one-half by the seller ; such 
weighers shall place such marks and numbers on bales weighed by them as shall 
be desired by the buyer. 

Civ. 0. '22, § 3348; 1920, XXXI, 843. 

§ 4292. Cotton Weigher at McCormick — Election — Term — Compensation 
— Oath — Deputy — Bonds. — At the primary elections in McCormick County, 
the managers of the precincts at McCormick, in said county, shall provide a box 
for the election of a cotton weigher for said town, whose term of of&ce shall be 
for two years or until the election and qualification of his successor. At said 
election all persons who are qualified to vote at said election shall cast their 
votes. The managers of said primary shall declare the result of said election 
and the person receiving the highest number of votes shall be the public cotton 
weigher of said town, and he shall receive as compensation for his services, said 
compensation to be determined by the McCormick Democratic Club, not ex- 
ceeding twenty (20) cents per bale for every bale of cotton weighed, one-half 
to be paid by the buyer and one-half by the seller. Such weigher, when re- 
quested, shall adjust all differences or disputes between buyers and sellers as to 
proper deductions to be allowed from water, dampness, damaged cotton or any 
false packing and said weigher shall test the scales every morning before weigh- 
ing any cotton, so as to insure accuracy. In case of inability from sickness, or 
other cause, the said weigher may appoint a deputy, who shall take, before en- 
tering upon his duties, the oath of office required of the weigher. Before enter- 
ing upon the duties of his office, the said cotton weigher shall be sworn to dis- 
charge the duties of his position by the Clerk of court of said county, and 
shall enter into a bond in the sum of five hundred ($500.00) dollars for the faith- 
ful performance of his duty, which bond shall be approved by said Clerk of 
court and filed in his office, and the said weigher shall be responsible on his 
bond for the official acts of his deputy. 

1922, XXXII, 783. 

§ 4293. Election for Cotton Weigher for Town of Prosperity, Newberry 
County. — Upon a petition signed by twenty-five or more qualified electors, who 
are growers and buyers of cotton, or growers or buyers of cotton resident in 
the County of Newberry, and patrons of the Prosperity cotton market, filed 
with the town council of the Town of Prosperity on or before July the first 
of each year, hereafter, it shall be the duty of the said town council to order 
an election for a cotton weigher for the said Town of Prosperity to be held 
during the month of July of each year. The said town council shall appoint 
the managers, two of whom shall reside without the Town of Prosperity for 
such election, receive the returns and declare the result, and the person re- 
ceiving the highest number of votes shall be declared elected public cotton 
weigher for said cotton market, whose term of office shall be for one year and 
until the election and qualification of his successor. At such election only 
qualified electors resident in the County of Newberry, and who are patrons of 
the Prosperity cotton market, shall be entitled to vote. The said election to be 
conducted in all respects as now provided by law for general and special elec- 
tions. The cotton weigher so elected shall receive as compensation for his serv- 
ices ten (10) cents per bale for every bale of cotton weighed by him, one-half 
thereof to be paid by the buyer and one-half by the seller. Such weigher shall 
officially adjust and settle all differences and. disputes between buyers and 
sellers as to proper deductions to be allowed on account of water, dampness, 
damaged cotton or false packing of same ; and the said weigher shall provide 
himself at his own expense with suitable scales for weighing cotton, which 



2163 Civil Code § 4294 

scales shall be tested every morning before weighing any cotton so as to in- 
sure accuracy. In case of inability from sickness or other cause, the said cot- 
ton weigher may appoint a deputy, who shall take, before entering upon his 
duties, the oath of office, hereinafter required of the regular cotton weigher. 
Civ. C. '22, § 3349 ; 1912, XXVII, 639. 

§ 4294. Oath. — Before entering upon the duties of his office, the said cot- 
ton weigher shall be legally sworn to discharge the duties of his position 
fairly and impartially by the Intendent of the Town of Prosperity or some 
other person authorized to administer oaths, and shall enter into bond in the 
sum of five hundred ($500.00) dollars, conditioned for the faithful perform- 
ance of his duties, said bond and oath to be filed with the Clerk of Court of 
Common Pleas for Newberry County. The elected weigher shall be responsible 
on his bond for the official acts of his deputy. 

Civ. C. '22, § 3350 ; 1912, XXVII, 639. 

§ 4295. Oath of Elector. — Each elector offering to vote in the election here- 
in provided for shall, before being permitted to vote, take the following oath, 
to be administered by the managers : " I solemnly swear that I am a qualified 
elector under the laws of this State, residing in Newberry County, and am a 
patron of the Prosperity cotton market. ' ' 

Civ. C. '22, § 3351; 1912, XXVII, 639. 

§ 4296. Cotton Weigher at Chappells. — Upon a petition signed by twenty 
or more qualified electors who are growers and buyers of cotton, or who are 
growers or buyers of cotton resident in No. 7 Township, County of Newberry, 
and patrons of the Chappells cotton market filed with the town council of the 
Town of Chappells on or before the first day of July of each year hereafter, it 
shall be the duty of the said town council to order an election for a cotton 
weigher for the said Town of Chappells to be held during the month of July 
of each year. The said town council shall appoint the managers, who shall be 
residents of different sections of said No. 7 Township, to conduct said elec- 
tion, receive the returns and declare the result, and the person receiving the 
highest number of votes shall be declared public cotton weigher for said mar- 
ket, whose term of office shall be for one year, and until the election and 
qualification of his successor. At said election only qualified electors resident 
of No. 7 Township, in the County of Newberry, and who are patrons of the 
Chappells cotton market, shall be entitled to vote, the said election to be con- 
ducted in all respects as now provided by law for general and special elections. 
The cotton weigher shall receive as compensation for his services ten cents 
per bale for each bale of cotton weighed by him, one-half thereof to be paid 
by the buyer and one-half by the seller. Said weighers shall officially adjust 
and settle all differences between buyers and sellers as to the proper deduc- 
tions to be allowed on account of water, dampness, damaged cotton or false 
packing of same, and the said weigher shall provide himself, at his own ex- 
pense, with suitable scales for weighing cotton, which scales shall be tested 
every morning before weighing any cotton, so as to insure accuracy. In case 
of inability from sickness or any other cause, the said cotton weigher may ap- 
point a deputy, who shall take, before entering upon his duties, the oath of 
office hereinafter required of the regular cotton weigher. 

Civ. C. '22, § 3352; 1914, XXVIII, 610. 

§ 4297. Oath. — Before entering upon the duties of his office the said cotton 
weigher shall be legally sworn to discharge the duties of his office fairly and 
impartially by the Intendant of the Town of Chappells, or by some other per- 



§ 4298 Civil Code 2164 

son authorized to administer oaths, and enter in a bond in the sum of five 
hundred ($500.00) dollars, conditioned for the faithful performance of his 
duties, said bond and oath to be filed with the Clerk of Court of Common 
Pleas for Newberry County. The elected cotton weigher shall be responsible on 
his bond for the official acts of his deputy. 
Civ. C. '22, § 3353; 1914, XXVIII, 610. 

§ 4298. Oath of Elector. — Each elector offering to vote in the election 
herein provided for shall, before being permitted to vote, take the following 
oath to be administered by the managers: "I solemnly swear that I am a 
qualified elector under the laws of this State, residing in No. 7 Township, 
Newberry County, and am a patron of the Chappells cotton market." 

Civ. C. '22, § 3354 ; 1914, XXVIII, 610. 

§ 4299. Exception. — Nothing in this Article contained shall be construed 
to prevent any person other than the regular cotton weigher from weighing 
cotton at the said Town of Chappells. 

Civ. C. '22, § 3355; 1914, XXVIII, 610. 

§ 4300, Compensation of Cotton Weighers in Orangeburg- County. — All 

public cotton weighers of the County of Orangeburg, including the City of 
Orangeburg, shall receive as compensation for their services twenty (20c) 
cents per bale for each bale of cotton weighed by them, one-half to be paid by 
the seller and one-half by the buyer. In consideration of the said compensa- 
tion the said cotton weighers shall weigh, tag, mark and inspect for water the 
said cotton, except in the City of Orangeburg. 

Civ. C. '22, § 3356; 1918, XXX, 842; 1919, XXXI, 234; 1928, XXXV, 1160; 1929, 
XXXVI, 66. 

§ 4301. Special Provision as to Election of Cotton Weighers in Pickens and 
Oconee Counties. — There shall be annually elected by the qualified voters of 
Easley Township, and Liberty Township, respectively, in Pickens County, and 
Seneca Township, in Oconee County, a cotton weigher for Easley, and one for 
Liberty, and one for Seneca in Oconee County. Such weigher shall be duly 
sworn to discharge the duties of the position by some officer authorized to 
administer an oath. The election of such weigher shall be on the third Satur- 
day in August, 1899, the polls to open at 10 a. m. and close at 5 p. m., at each 
of the said towns, and on the third Saturday in August each year thereafter. 
The town council of each of said towns, respectively, shall appoint three men 
as managers of said election and shall give notice of the time and place of 
holding the same at least ten days before the day of said election. 

Weighers to Give Bond — Compensation. — The said weighers shall, respec- 
tively, enter into bond to the town council of his town in the sum of three 
hundred dollars for the faithful performance of his duties, which bond shall 
be approved by and filed with the said tovv'n council of the said towns in said 
counties ; and said weigher shall receive as compensation for his services ten 
cents per bale for each bale weighed by him, the same to be paid in equal 
proportions by the buyer and seller. 

Duties of Weighers. — It shall be the duty of the said cotton weigher to pro- 
vide scales and ample facilities for handling cotton sold and Aveighed. It shall 
be the duty of the said weigher to weigh all cotton brought to his town for 
sale fairly and promptly, issuing a ticket therefor, which shall show the weight 
of each bale. It shall be his further duty to adjust any differences between 
buyers and sellers as to moisture, mixture or false packing. In case of dis- 
ability, by sickness or other cause, the said weigher may appoint temporarily 



2165 Civil Code § 4302 

a deputy, who shall take the usual oath of office before a Magistrate previous 
to entering upon his duty. 

Liability of Weighers. — When any false weighing or omission of duty on the 
part of any one of said weighers occurs, whereby either buyer or seller suffer 
loss or is injured, such weigher and his bondsmen shall be held liable to the 
extent of such loss or injury. 

Exceptions. — This Section shall not apply to purchasers or weighers of cotton 
for the Easley Cotton Mills, in the Town of Easley, nor to purchasers or weigh- 
ers of cotton for the Pickens Mills, in the Town of Pickens, nor to the pur- 
charers or weighers of cotton for the Glenwood Mills in Easley, and the Lib- 
erty Mills in Liberty. 

Civ. C. '22, § 3357 ; Civ. C. '12, § 2350 ; 1900, XXIII, 551 ; 1903, XXIII, 177. 

§ 4302. Special Provision as to the Election of Cotton Weighers in Pickens 
County. — There shall be annually elected by the qualified electors, resident 
within the County of Pickens, a public cotton weigher, who shall have an of- 
fice in the Town of Pickens, in said county. Such weigher shall be sworn to 
discharge the duties of the position by some officer authorized to administer 
an oath. The election of such weigher shall be on the third Saturday in Au- 
gust, 1905, the polls to open at 10 a. m. and close at 5 p. m., and on the third 
Saturday in August each year thereafter. The town council of the Town of 
Pickens shall appoint three men as managers of said election, and shall give 
notice of the time and place of holding the same, at least ten days before the 
day of said election. 

Bond of Weigher. — The said weigher shall enter into bond to the said town 
council in the sum of three hundred dollars for the faithful performance of 
his duties, which bond shall be approved by and filed with the said town coun- 
cil ; and said weigher shall receive as compensation for his services twenty 
cents per bale for each bale weighed by him, the same to be paid by the 
buyer. 

Duty of Weigher — Qualified Voters — Notice of Election. — It shall be the 
duty of the said cotton weigher to provide scales and ample facilities for 
handling cotton sold and weighed. It shallbe the duty of the said weigher to 
weigh all cotton brought to the said town for sale fairly and promptly, issuing 
a ticket therefor, which shall show the weight of each bale. It shall be his fur- 
ther duty to adjust any differences between buyers and sellers as to moisture, 
mixture or false packing. In case of disability, by sickness or other cause, the 
said weigher may appoint temporarily a deputy, who shall take the usual 
oath of office before a Magistrate previous to entering upon his duty. When 
any false weighing or omission of duty on the part of said weigher occurs, 
whereby either buyer or seller suffers loss or is injured, such weigher and his 
bondsmen shall be held liable to the extent of such loss or injury. For the pur- 
poses of this Section, "qualified electors" shall include all male citizens who 
are patrons of the Pickens cotton market, resident within the County of Pick- 
ens, who shall, on or before the third day next preceding such election, upon 
the production of his registration certificate, procure from the Clerk of the 
town council of the Town of Pickens an additional certificate that he is a duly 
qualified elector, under the laws governing general elections in the State of 
South Carolina, and entitled to vote in the annual election of cotton weigher. 
The said Clerk shall advertise, by posting notices in three conspicuous places 
in the county, or otherwise, and for at least ten days before such election the 
time and place such additional certificates may be procured, and shall open 
books and issue such certificates to such persons as may be entitled thereto 



§ 4303 Civil Code 2166 

under the provisions of this Section, the said Clerk to be the judge of all nec- 
essary compliance Tvith these qualifications: Provided, The said Clerk shall 
close his registration books for such election at six o'clock on the third day 
next preceding such election, and deliver to the managers of such election, 
forthwith, a certified list of names of all persons to whom he shall have issued 
such certificates, and such certified list shall be used by the said managers as 
the poll list in such election. The person receiving the highest number of votes 
east in such election shall be the cotton weigher for the said town, and his 
term of office shall be for one year, and until the election and qualification of 
his successor : Provided, That this Section shall not apply to purchasers or 
weighers of cotton for the Pickens Cotton Mill. 

CoTTOx Weigher for Central,, Pickens County. — The provisions of this Sec- 
tion shall be applied and be of force in and to Central, South Carolina, as to 
the election, its manner, the powers, duties, term of office and compensation 
of cotton weigher at and for Central: Provided, The provisions hereof shall not 
apply to cotton weighers for, or purchasers of cotton for cotton mills located 
in the Town of Central. 

Civ. C. '22, § 3358 ; Civ. C. '12, § 2351 ; 1906, XXV, 138 ; 1907, XXV, 626 ; 1908, XXV, 
1202; 1919, XXXI, 232. 

§ 4303. Cotton Platforms to Be Erected in Richland County. — The County 
Board of Commissioners of Eichland County shall cause to be maintained a 
public cotton platform adequate to hold not less than three thousand (3,000) 
bales of cotton, said platform to have a substantial roof, sufficient number of 
suitable scales and sprinkler attachment for fire protection, and to be located 
in the City of Columbia as accessible as possible to the cotton compress of the 
Columbia Compress Company, and also to the neighboring warehouses of the 
Standard Warehouse Company and to the railroads, for the convenient han- 
dling of cotton from said platform to either of said buildings and to freight 
trains; said platform to be open and accessible to wagons, the cost of such 
maintenance to be paid by the County Board of Commissioners out of funds 
in their hands. 

Two Cotton Weighers to Be Appointed — Duties — Deputies. — -Said County 
Board of Commissioners of Richland County shall, on or before the first day of 
July, A. D. 1910, and every four years thereafter, elect and commission for 
the term of four years one cotton weigher for Columbia Township, of said 
Richland County, to be approved by the Farmers' Union of Richland County 
and by a majority of the recognized cotton buyers of said Columbia Town- 
ship, if such organization and persons agree upon a recommendation : Provided, 
That said cotton weigher shall not be related within the sixth (6th) degree to 
any member of the said Board of County Commissioners. 

Bond — Duties. — Such cotton weigher, before receiving his commission, shall 
take and subscribe the oath of office and enter into a bond with an approved 
surety company as surety in the sum of one thousand dollars for the faithful 
performance of his duties, payable to the County Board of Commissioners for 
the use of any party who may be aggrieved, said bond to be approved by said 
board and filed with the Clerk of court, the premiums on said bond to be 
paid by said board. Said cotton weigher shall have a night watchman on duty 
at said platform from sunset to sunrise of every day, and must employ one 
assistant for every day from September 1st to December 31st, and may have 
other assistants during the year. He shall frequently test the scale or scales 
at said platform and keep them accurate and weigh promptly and fairly all 
cotton offered to him and mark each bale of cotton as indicated by tag of 
buyer and number of each bale of cotton and keep together all the cotton of 



2167 Civil Code § 4304 

the several buyers separate and apart from each other, so as to facilitate 
prompt shipment, and issue ticket showing number, mark and weight of every 
bale weighed by him, and adjust any differences between sellers and buyers 
as to moisture and mixed or false packing. Said cotton weigher shall repre- 
sent neither buyer nor seller of the cotton weighed nor be interested in any 
purchase or sale, except in cotton from his own farm, and shall receive and 
charge for his services and the use of the platform, thirty cents for each bale 
weighed by him, fifteen cents to be paid by the seller and fifteen cents to be 
paid by the buyer, and for such cotton as may remain on the platform for 
more than three days the said weigher shall collect an additional charge of 
one cent per bale for every additional day, to be paid by the owner, all cotton 
to be at the risk of the weigher, loss by fire excepted, for the first three days, 
and thereafter at the risk of the owner. The public cotton weigher, herein 
provided for, in case of necessary absence by reason of sickness or other cause, 
may appoint a deputy to serve in his place during such absence, such appoint- 
ment to be approved by the Board of County Commissioners, which deputy 
shall take the usual oath of office, the bond of the cotton weigher being liable 
for the official acts of such deputy. The public cotton weigher shall weigh, in- 
spect and sample before sale every bale of cotton brought to said platform for 
sale, and no cotton shall be sold until after it has been so weighed and in- 
spected. All wagons or street cotton sold in the City of Columbia or Columbia 
Township shall be brought to said platform for sale, and no cotton in bales 
shall be sold in Columbia Township by any seller except upon certificate that it 
has been so weighed and inspected : Provided, That the provisions of this Sec- 
tion shall not apply to cotton sold by regular cotton dealers out of recognized 
cotton warehouses or cotton compresses in Columbia Township. The said cot- 
ton weigher shall render to the County Board of Commissioners a monthly 
statement of the cotton weighed by him, and shall pay to said board as com- 
pensation for the use of the platform one cent per bale for all cotton weighed 
and one-half the amount collected for cotton remaining on the platform more 
than three days. All other receipts to be retained by the cotton weigher for his 
compensation and expenses. The County Board of Commissioners shall have 
power to remove from his office the said cotton weigher after at least three 
days' notice why he should not be removed, and on sufficient cause in the 
judgment of said board being shoTtni, and said board may fill any vacancy in 
the manner hereinabove required for the election of a cotton weigher. 
Civ. C. '22, § 3359; Civ. C. '12, § 2355; 1910, XXVI, 710; 1920, XXXI, 925. 

§ 4304. Penalty for Sale or Purchase of Cotton Contrary to Provisions.— 

Any and every person who shall sell or buy in said Columbia Township any 
cotton bale or bales contrary to the provisions of the foregoing Section shall 
be guilty of a misdemeanor, and, upon conviction, shall be punished by a fine 
of not exceeding fifty dollars or imprisonment for not exceeding ten days for 
each offense. 

Civ. C. '22, § 3360; Civ. C. '12, § 2356; 1910, XXVI, 710. 

§. 4305. Cotton Weigher at Ridge Spring, Saluda County. — Upon the peti- 
tion of twenty-five or more qualified electors who are growers and buyers of 
cotton or cotton growers or cotton buyers, resident within five miles of Ridge 
Spring, the town council of said town shall, during the mouth of July, 1917, 
and, at the same time every two years thereafter, provide for an election in 
the usual manner of elections in the said town, for a public cotton weigher for 
said town, whose term of office shall be for two years, or until the election and 
Qualification of his successor. At sueli election all and only cotton growers 



§ 4306 CmL Code 2168 

and cotton buyers, who are qualified electors, and reside within a radius of 
five miles of the depot in said town, shall be entitled to vote; the said town 
council shall declare the result of said election, and the person receiving the 
highest number of votes shall be the public cotton weigher for said town, and 
he shall receive as compensation for his services not exceeding ten cents per 
bale for every bale of cotton weighed, one-half to be paid by the buyer and 
one-half by the seller. Such weigher shall finally adjust and settle all differ- 
ences and disputes between buyers and sellers as to proper deduction to be 
allowed from water, dampness, damaged cotton, or any false packing ; and the 
said weigher shall test the scales every morning before weighing any cotton, 
so as to insure accuracy. In case of inability, from sickness or other cause, the 
said weigher may appoint a deputy, who shall take, before entering upon his 
duties, the usual oath of office in the manner required of the weigher. Before 
entering upon the duties of his office, said cotton weigher shall be legally 
sworn to discharge the duties of his position by the Intendant of the Town of 
Ridge Spring, and shall enter into bond in the sum of three hundred dollars 
for the faithful performance of his duty, which bond shall be approved by the 
town council of Eidge Spring, and filed with the Clerk of the Court of Com- 
mon Pleas for Saluda County. The elected weigher shall be responsible, on his 
bond, for the official acts of his deputy. 

Civ. C. '22, § 3361; 1917, XXX, 96; 1920, XXXI, 974; 1921, XXXII, 260. 

§ 4306. Fees of Cotton Weighers in Saluda County — Violations. — The cot- 
ton weighers of Saluda County shall receive, as compensation for their serv- 
ices twenty (20) cents for each bale of cotton weighed by them; one-half of 
which shall be paid by the buyer and one-half by the seller, and the weigher 
shall mark each bale weighed in plain letters and numbers, as required by the 
buyer. Any cotton weigher in Saluda County charging as compensation for his 
services in weighing cotton in excess of the amount fixed in this Section shall 
be, for each offense, deemed guilty of a misdemeanor, and, upon conviction, 
shall be fined in a sum of not less than five ($5.00) dollars nor more than twen- 
ty-five ($25.00) dollars, or imprisoned for not more than thirty (30) days. 

Civ. C. '22, § 3362; 1921, XXXII, 260; 1925, XXXIV, 106. 

§ 4307. Cotton Weighers for Sumter County. — Upon the petition of twen- 
ty-five or more qualified electors who are growers of cotton and reside in 
Sumter County within five miles of any place in which there may be a cotton 
market, the County Board of Commissioners of Sumter County may elect a 
cotton weigher, whose term of office shall be for two years and until the elec- 
tion and qualification of his successor. No one shall be elected weigher under 
this Section who is related by blood or marriage to any member of the County 
Board of Commissioners of said county : Provided, That for the City of Sum- 
ter the County Board of Commissioners of Sumter County shall, on July 1, 
1909, elect two cotton weighers for said city, whose duties shall be as herein 
prescribed, one of which weighers shall be elected upon the recommendation 
of the city council of the City of Sumter ; that the term of office of the weigh- 
ers of the City of Sumter shall be for a term of two and three years, and until 
his or their successor or successors be elected and qualified ; that the choice of 
said terms shall be determined by lot by the. two weighers so elected. 

Oath, Bond and Compensation. — Before entering upon the duties of his office 
each cotton weigher shall be legally sworn to discharge the duties of the posi- 
tion by some officer authorized to administer oaths, and shall enter into bond 
in the sum of three hundred dollars for the faithful performance of his duties, 



2169 Civil Code § 4307 

which bond shall be approved by the County Board of Commissioners in which 
it is given, and filed with the Clerk of court of such county in which sucn 
market may be located. Each weigher or weighers, jointly, including the 
weigher at Mayesville, shall receive as compensation for his or their services 
twenty cents for each bale weighed, the same to be paid in equal proportion 
by the seller and buyer : Provided, Nothing herein contained shall apply to 
sales made on plantations or at cotton mills : And provided, further. That the 
County Board of Commissioners may appoint deputy cotton weighers to 
weigh cotton at any cotton warehouse in the City of Sumter, where, in the 
judgment of the County Board of Commissioners, the amount of cotton to be 
weighed makes it necessary in order to provide for the weighing of cotton 
without undue delay, and the said deputy weigher, when so appointed, shall 
give the same bond, and collect the same fees, as herein provided for regular 
weighers, and shall, at the end of each month, pay over to the regular weigher 
in the City of Sumter three-fourths of the amount received for weighing, and 
shall retain the remaining one-fourth as his compensation. Except that during 
the term of the present weighers, and until the expiration of the term for 
which they have been elected, the said deputy weighers shall receive only 
five cents per bale weighed, as compensation, and shall pay over the remain- 
der of the weighing fees to the regular cotton weighers of the City of Sumter, 
as above provided. 

Duties. — It shall be the duty of the weigher or weighers at each market having 
a weigher or weighers to furnish a platform or platforms with sufficient 
facilities, including a set of scales for each weigher, so that said cotton shall 
be expeditiously handled at a minimum cost, at which platform or platforms 
all cotton sold in said market shall be weighed, which platform or platforms 
shall be approachable from both sides. It shall be the duty of each weigher to 
weigh fairly and promptly all cotton sold in said market or markets, issuing 
his own ticket therefor, showing the weight of each bale or package of cotton 
weighed. It shall be the duty of such weighers to adjust any difference be- 
tween sellers and buyers as to moisture, mixed and false packing or damage. 
In case of inability from sickness or other cause, and from the first day of 
March to the first day of September of each year, a weigher may appoint a 
deputy, who shall take, before entering upon his duties, the usual oath of 
office in the manner required of the weigher. The elected weigher shall be re- 
sponsible on his bond for the official acts of his deputy. Each weigher, or his 
deputy, shall devote his exclusive attention to the duties of his office during 
the cotton marketing season. Each weigher shall test his scales once a month 
by the standards in the office of the Clerk of the court as provided by law: 
Provided, That the County Board of Commissioners may for good and sufficient 
cause shown remove any public cotton weigher from his office after first giv- 
ing such weigher at least ten days' notice to show cause why he should not be 
removed, and shall have power to fill any vaeancj^ occurring in the office of 
public cotton weigher as soon thereafter as practicable. 

Platform. — The County Board of Commissioners of said county may enter 
into a binding and valid contract for a term of years not exceeding ten, with 
one or more persons or corporations to furnish a platform of such size and 
capacity as said Board of County Commissioners may deem sufficient for the 
expeditious handling of the cotton coming into said market, and for services 
in handling the cotton on said platform, for the use of which platform and 
services the said persons or corporations shall receive as compensation a sum 
not exceeding one-half of the charge made in such county for the weighing of 



§ 4308 Civil Code 2170 

cotton, which shall be fixed by the County Board of Commissioners and be paid 
by the weigher or weighers weighing such cotton: Provided, That no cotton 
shall be allowed to remain on the platform longer than twenty-four (24) 
hours except upon being subject to a charge of one-half of one per cent, per 
bale for each day or fractional part thereof in excess of twenty-four (24) 
hours up to five days, and of one cent per bale for each succeeding day or 
fractional part thereof : Provided, further. That such cotton weigher or weigh- 
ers for such cotton market shall be required to number and mark at time of 
weighing, with not more than three letters, as indicated by tags or other in- 
structions of buyer of each bale of cotton, and to keep the cotton of each buy- 
er together, to facilitate prompt shipment : Provided, further, That regular 
buyers and exporters of cotton shall be required to furnish stencils and mark- 
ing materials for properly marking and numbering the cotton bought by them. 

Civ. C. '22, § 3363; Civ. C. '12, § 2364; 1909, XXVI, 128; 1919, XXXI, 261; 1920, 
XXXI, 1119. 

§ 4308. Cotton Weigher at Kingstree, in Williamsburg County. — That in 
Williamsburg County an election shall be held on the second Tuesday in 
August of 1918, and on the same day every two years thereafter, by the quali- 
fied electors entitled to vote in primary elections in this State, for the purpose 
of electing a cotton weigher at Kingstree, and at such other points in the 
county as may be designated by the County Democratic Committee of said 
county, said cotton weigher to be voted for only at certain precincts as shall 
be prescribed by the County Democratic Committee. The terms of said cotton 
weighers shall be for two years, or until their successors shall have been 
elected and qualified. That the compensation of said weighers shall be fifteen 
cents, seven cents to be paid by the seller and eight cents by the buyer ; and 
the duties of said cotton weighers, when so elected and qualified, shall be as 
prescribed by this Article. In case a vacancy should occur by death or other- 
wise, then the successor to such cotton weigher in such case shall be appointed 
as provided for before the approval of this Article. 

Civ. C. '22, § 3364; 1918, XXX, 761; 1919, XXXI, 70. 

§ 4309. Office of Cotton Weigher at York Abolished— Proviso.— The office 
of public cotton weigher for the town of York, York County, is hereby 
abolished and there shall be no public cotton weigher in said town of York: 
Provided, however, That the office of public cotton weigher at York may be 
reinstituted at any future time, in the manner as now provided by law. 

1925, XXXIV, 891. 

§ 4310. Public Cotton Platform to Be Maintained in Certain Cities — Cotton 
Weigher — Duties — Compensation — Statements. — In every city of more than 
twenty thousand and less than fifty thousand inhabitants, as shown by the 
last preceding United States census, and within the township' in which such 
city is situated, the purchase and sale of cotton in bales shall be regulated by 
the provisions of this Section. The County Board of Commissioners shall cause 
to be maintained a public cotton platform adequate to hold not less than 
three thousand (3,000) bales of cotton, said platform to have a substantial 
roof, sufficient number of suitable scales, and to be located as accessibly as 
possible to the railroad, or railroads, and to the neighboring cotton warehouse, 
or warehouses, and compresses, if any, for the convenient handling of cotton 
from said platform to freight trains and to such cotton warehouses or com- 
presses, said platform to be open and accessible to wagons, the cost of main- 
tenance of the same to be paid by the County Board of Commissioners out of 
funds in their hands. The said County Board of Commissioners shall, on or 



2171 Civil Code § 4310 

before the first day of July, 1911, and every four years thereafter, elect and 
commission for the term of four years one cotton weigher for such city and 
township : Provided, That said cotton weigher shall not be related within the 
sixth degree to any member of said Board of County Commissioners. Such 
cotton weigher, before receiving his commission, shall take and subscribe to 
the oath of office and enter into a bond with an approved surety company as 
surety, in the sum of one thousand dollars for the faithful performance of 
his duties, payable to the County Board of Commissioners for the use of any 
party who may be aggrieved, said bond to be approved by said board and filed 
with the Clerk of court, the premiums on said bond to be paid by said board. 
Said cotton weigher shall have a night watchman on duty at said platform 
from sunset to sunrise of every day, and shall employ one assistant for every 
day from September 1st to December 31st, and may have other assistants 
during the year. He shall frequently test the scales at said platform and keep 
them accurate, and shall weigh promptly and fairly all cotton offered to him 
and mark each bale of cotton as indicated by tag of buyer and number of each 
bale of cotton, and keep together all the cotton of the several buyers separate 
and apart from each other, so as to facilitate prompt shipment, and issue 
ticket showing number, mark and weight of every bale weighed by him, and 
adjust any differences between sellers and buyers as to moisture and mixed or 
false packing. Said cotton weigher shall represent neither buyer nor seller of 
the cotton weighed nor be interested in any purchase or sale, except in cot- 
ton from his own farm, and shall receive and charge for his services and the 
use of the platform, fifteen cents for each bale weighed by him, seven cents 
to be paid by the seller and eight cents to be paid by the buyer, and for such 
cotton as may remain on the platform for more than three days the said weigh- 
er shall collect an additional charge of one cent per bale for every additional 
day, to be paid by the owner, all cotton to be at the risk of the weigher, loss 
by fire excepted, for the first three days, and thereafter at the risk of the 
owner. The said cotton weigher shall, during the cotton season, maintain a 
blanket insurance to cover at least fifty bales of cotton left upon the plat- 
form for sale, and shall compensate himself for the cost of such insurance by 
deducting the amount thereof from the charge hereinafter provided to be col- 
lected for the use of the platform by cotton remaining thereon more than 
three days. The public cotton weigher, herein provided for, shall appoint a 
deputy to serve in his place during necessary absence by sickness or other- 
wise, such appointment to be approved by the Board of County Commission- 
ers, which deputy shall take the usual oath of office, the bond of the cotton 
weigher being liable for the official acts of such deputy. The public cotton 
weigher shall weigh, inspect and sample before sale every bale of cotton 
brought to said platform for sale, and no cotton shall be sold until after it 
has been so weighed and inspected. All cotton in bales weighed in such city or 
township for sale therein and purchased in such city or township at weights 
ascertained by weighing in such city or township (it being intended hereby 
nat to include under the terms herein cotton bought upon weights stated in 
bills of lading of shipments to said city or town) shall be brought to said plat- 
form for sale, and no cotton in bales shall be sold or purchased in such city, 
town or township, by any seller or purchaser or agent, except upon certificate 
that it has been weighed and inspected at such platform by the public cotton 
weigher or deputy: Provided, That the provisions of this Section shall not 
apply to cotton sold by regular cotton dealers out of recognized cotton ware- 
houses or cotton compresses in such city, town or township, or to cotton 
weighed upon plantations or at ginhouses or bought upon the faith of weights 



§ 4311 Civil Code 2172 

guaranteed by the sellers. The said cotton weigher shall render to the County 
Board of Commissioners a monthly statement of the cotton weighed by him, 
and shall pay to said board as compensation for the use of the platform and 
equipment, after deducting the cost of maintaining the blanket insurance to 
cover, during the cotton season, at least fifty bales of cotton left upon the plat- 
form for sale, as hereinabove provided for, one cent per bale for all cotton 
weighed on said platform and one-half the amount collected for cotton re- 
maining on the platform more than three days. All other moneys received 
by virtue of the charges herein provided for shall be retained by the cotton 
weigher for his compensation and expenses. The County Board of Commis- 
sioners shall have power to remove from his office the said cotton weigher 
after at least three days' notice why he should not be removed, and on suffi- 
cient cause being shown, and said board shall fill any vacancy in the manner 
hereinabove provided for the election of a cotton weigher. 
Civ. C. '22, § 3365; Civ. C. '12, § 2367; 1911, XXVII, 32. 

§ 4311. Misdemeanor to Violate Provisions. — Any and every person, for 
himself or as agent, and any corporation, who shall sell or buy in such city or 
township any cotton bale or bales contrary to the provisions of Section 4310, 
shall be guilty of a misdemeanor, and, upon conviction, shall be punished by 
a fine of not exceeding fifty dollars, or imprisonment for not exceeding ten 
days for each offense. 

Civ. C. '22, § 3366 ; Civ. C. '12, § 2368 ; 1911, XXVII, 34. 

§ 4312. Diity of Sheriff and Rural Policemen to Enforce Law. — It shall be 
the special duty of the Sheriff, the rural policemen, if any, and the Magis- 
trates' constables in the county in which such city may be situate, and of the 
city policemen, to be on the lookout for violations of the provisions of this 
Article, and upon information or belief to swear out warrants and cause 
prosecutions for the same; and it shall likewise be the duty of the Solicitor 
and of the City Attorney to prosecute in such cases. 

Civ. C. '22, § 3367 ; Civ. C. '12, § 2369 ; 1911, XXVII, 34. 

§ 4313. Public Weighers for Farm Products Permitted in Certain Cities — 
How Appointed. — Upon the petition of at least fifty freeholders of any town- 
ship within the State in which is located a town or city of five thousand 
(5,000) inhabitants or more, shall be appointed a public weigher for live 
stock of all descriptions and all other farm products offered for sale on the 
market of such town or city : Provided, That the said weighers shall be ap- 
pointed by the Governer, upon the recommendation of the town council of 
said town or city. 

Civ. C. '22, § 3368; 1916, XXIX, 670. 

§ 4314. Bond and Oath Required of Weigher. — Such weighers shall each 
enter into bond in the sum of three hundred dollars with sureties to be ap- 
proved by the Clerk of the court of the county and shall file an oath with the 
Clerk of the court of the county to truly and faithfully perform the duties as 
such weigher before entering upon the duties of his said oifice. 

Civ. C. '22, § 3369; 1916, XXIX, 670. 

§ 4315. Fees for Services — By Whom Paid — Not to Weigh Lint Cotton in 
Bales — Other Weighers Allowed. — Said weighers shall be entitled to charge 
and receive the following fees for his services : For each hog weighed by him, 
five cents ; for each cow weighed by him, ten cents ; for each sheep, goat or 
other like animal weighed by him, five cents ; for each load of hay, ten cents, 
and other farm products at the same rate. One-half of all such fees to be paid 



2173 Civil Code § 4316 

by the purchaser, the other half to be paid by the seller. The provisions of the 
two foregoing Sections are not intended to apply to lint cotton in bales : 
Provided, That nothing herein shall not prevent any person or persons f^om 
accepting the weights of other weighers. 
Civ. C. '22, § 3370; 1916, XXIX, 670. 

§ 4316. Certificates to Be Issued. — Such weigher shall issue to the persons 
for whom he makes weights a certificate of the true weight of each article so 
weighed by him, affixing thereto the date when made and his official signature. 

Civ. C. '22, § 3371; 1916, XXIX, 670, 

§ 4317. Public Cotton Seed Weigher in the Town of Cope, in Orangeburg 
County. — Upon petition of fifty or more qualified electors who are freeholders, 
growers and sellers of cotton seed in Union Township, County of Orangeburg, 
the Orangeburg County Highway Commission shall every two years appoint 
a public cotton seed weigher, at Cope, in said township, whose term of office 
shall be for two years and until the appointment and qualification of his suc- 
cessor. The said cotton seed weigher shall be legally sworn to discharge the 
duties of his position, and shall be a resident of the township in which the 
market is located, and it shall be his duty to provide scales and ample facilities 
for weighing with speed all cotton seed sold in said market, and to weigh the 
same and furnish the buyer and seller with the gross and net weight of each 
wagon or other load of seed upon convenient printed forms for that purpose 
and said weigher shall upon request issue to the person to whom he makes, 
weights a certificate of the true weight of said lot or load of seed so weighed 
by him, affixing thereto the date when made and his official signature, and 
such certificate of weights shall be admissible in evidence in any of the courts, 
of this State. He shall also adjust any differences between seller and buyer, 
and shall have his scales tested at least once a month as required by law for 
public cotton seed weighers. The said public cotton seed weigher shall be en- 
titled to charge and receive the following fees for his services for weighing 
every lot of seed of one thousand pounds or less, 10 cents ; of more than one 
thousand and less than two thousand pounds, 16 cents; for two thousand 
pounds or more, 20 cents, one-half of which shall be paid by the buyer and one- 
half by the seller. 

1929, XXXVI, 9. 



ARTICLE 3 

Warehouse Commissioner and Warehouses 

4318. Cotton Warehouse System. 4334. Limit of Liabilities of State. 

4319. Standard Grades. 4335. Insurance. 

4320. Powers and Duties of Commissioner. 4336. Revolving Fund for Purchase of Cot- 

4321. Actions by or Against Commissioner ton Seed and Fertilizer, 
and Warehouse Receipts. 4337. Expenses of Commission. 

4322. Export License. 4338. Appropriation Held as Separate 

4323. Tags Evidencing Weights and Grades. Fund. 

4324. Warehouse Must Pay Expenses. 4339. Additional Powers of Commission. 

4325. Reports of Commission. 4340. Revolving Fund for Purchase of 

4326. Clerks and Employees. Seeds, Fertilizers and Arsenic. 

4327. Bond of Commission. 4341. Purchase and Distribution of Ferti- 

4328. Warehouse Receipts. lizers. 

1329-31. Fraudulent Receipts and Penalties. 4342. Failure of Warehouse to Pay Insttr'- 

4332. Depositing Cotton Under Lien With- ance. 

out Notification. 4343. Cotton Includes Other Farm Products. 

4333. Sections Independent. 4344-50. Insurance of Cotton in Warehouse. 

§ 4318. Cotton Warehouse System — Commissioner. — Within the police 
powers of the State and for the general welfare there is established, as here- 



§ 4319 . Civil Code 2174 

inafter provided, a cotton warehouse system for the State of South Carolina. 
There shall be elected by the General Assembly forthwith a suitable person, to 
be known as the State Warehouse Commissioner, whose salary shall be $3,000 
per annum and who shall hold office for the term of four years or until his 
successor is elected by the General Assembly. And in case a vacancy shall 
occur while the General Assembly is not in session, the Governor shall ap- 
point a suitable person to fill such vacancy until the next meeting of the Gen- 
eral Assembly. 

Civ. C. '22, § 3372; 1912, XXVII, 707; 1914, Sp. XXIX, 18; 1921, XXXII, 303. 

§ 4319. Standard Grades. — The Warehouse Commissioner shall accept as 
authoritative the standards and classifications of cotton established by the 
Federal Government. 

Civ. C. '22, § 3373; 1912, XXVII, 707; 1914, Sp. XXIX, 18; 1921, XXXII, 303. 

§ 4320. Powers and Duties of Commissioner. — The Commissioner shall 
have the power to acquire property for the warehousing of cotton by lease : 
Provided, No rent shall be paid until the operating expenses of such warehouse 
so leased have been paid from the income of the warehouse so leased, and in 
no case shall the State be responsible for any rent except from the income of 
such warehouse so leased in excess of operation expenses and may settle the 
terms upon which private or corporate warehouses may obtain the benefit of 
State operation. And it shall be his especial duty to foster and encourage the 
erection of warehouses in the various towns in the several counties for op- 
eration under the terms of this Article, so as to localize the storage of cotton 
so far as possible. 

Civ. C. '22, § 3374; 1912, XXVII, 707; 1914, Sp. XXIX, 18; 1921, XXXII, 303. 

§ 4321. Suits by or Against Commissioner — Warehouse Receipts — Inspec- 
tion of Warehouses. — The said Commissioner shall also have the power to sue 
or be sued in the courts under the Civil Code of South Carolina upon the same 
terms as an individual or corporation, the action to be against or by him as 
representative of the State, and not as an individual, except in case of tort or 
neglect of duty, when the action shall be upon his bond. Suits may be brought 
in the County of Richland or in the county in which the cause of action ac- 
crued: Provided, however. That the weights, classes and grades of cotton, or 
other non-perishable farm products on storage, are under this Article only 
guaranteed by the State in favor of those who loan money or buy cotton stored 
in warehouses: Provided, That cotton designated as "linters" shall not be re- 
ceived for storage under the provisions of this Article : Provided, further. That 
the State shall not be responsible for such fluctuations in weight as represent- 
ing ordinary climatic conditions. The Commissioner, where fully satisfied as 
to the title to same, shall receive for storage lint cotton properly baled, with 
an inspection tag showing that it has been legally weighed and that a Federal 
or State Inspector, as may hereafter be provided, has graded said cotton. 
There shall be a receipt issued for such cotton under the seal and signature 
of the State Warehouse Commissioner or by his deputy thereunto duly au- 
thorized, and in the name of the State of South Carolina, stating location of 
warehouse, name of manager, the mark on said bale, weight, grade and 
whether long or short staple, so as to be able to deliver on surrender of re- 
ceipt the identical cotton for which it was given. The receipt for the cotton so 
stored to be transferable by written assignment and actual delivery, and the 
cotton which it represents to be deliverable only on a physical representation 
of the receipt, which is to be marked "Cancelled" when the cotton is taken 
from the warehouse. The said receipt carries absolute title of the cotton, it 



2175 Civil Code § 4322 

being the duty of the officer accepting same for storage by inspection of the 
Clerk's office to ascertain whether there are no file crop mortgages or liens 
or rent or laborers' liens, verbal or in writing, covering said cotton before he 
accepts same and issue a receipt : Provided, however, That in case of all cotton 
deposited hereunder any lien thereon shall be and take effect only as of the 
dates of the execution thereof, the registry laws of the State to the contrary 
notwithstanding. It shall be the duty of the Clerk of the Court or Register 
of Conveyances of the respective counties to furnish Avithout charge from his 
records a certificate as to any liens and mortgages, upgn request of the AVare- 
house Commissioner or officer under him charged with responsibility under 
this Article : Provided, That all receipts heretofore issued in accordance here- 
with are hereb}^ ratified and made of full legal effect : And provided, further. 
Each warehouse shall be inspected and checked up at least once in every three 
(3) months. 

Civ. C. '22, § 3375, 1914, Sp. XXIX, 18 ; 1921, XXXII, 303. 

§ 4322. Export License. — Any person, firm, individual or corporation who 
desires to engage in the export cotton trade, may, upon application, receive 
a license from the State Warehouse Board, who is authorized and directed 
to use the name and powers of the State in establishing channels for the sale 
of cotton to foreign and domestic manufacturers ; to negotiate for and ar- 
range the sale, transportation and delivery of cotton handled under the provi- 
sions herein, and to finance such negotiations and sales : Provided, That a 
fee shall be charged which shall be commensurate with the services so rendered 
and which shall not exceed one-eighth of one per cent, of the amount involved 
in the transaction. The funds accumulating from such fees to be carried in the 
name of the State Warehouse Board, and to be paid out upon the warrant of 
the chairman and secretary thereof. 

Civ. C. '22, § 3376; 1920, XXXI, 1145. 

§ 4323. Cotton to Be Tagged. — The grades, Aveights and identification 
marks provided for in Section 4321 shall be evidenced by tags affixed to the 
bale of cotton, and shall also be branded on the bagging with a stencil and 
ink, which tags shall be so designed that the brand ''South Carolina" will be 
unmistakable, the palmetto tree, with a bale of cotton lying at the roots and 
the shield of the State on either side. 

Civ. C. '22, § 3377; 1912, XXVII, 707; 1914, Sp. XXIX, 18; 1921, XXXII, 303. 

§ 4324. Must Pay Expenses. — The Commissioner, in settling the terms upon 
which cotton stored in local warehouses may be taken over, shall not operate 
any warehouse which does not pay expenses, it being the declared purpose of 
this Article to be self-sustaining and to operate at cost without profiit to the 
State. 

Civ. C. '22, § 3378; 1912, XXVII, 707; 1914, Sp. XXIX, 18; 1921, XXXII, 303. 

§ 4325. State Warehouse Commissioner to Make Reports. — The State 
Warehouse Commissioner shall make an annual report to the General Assem- 
bly setting forth, viz.: "A" — Number and location of each warehouse where 
cotton has been received for storage by the State. "B" — Cotton on storage 
and that delivery on presentation of receipts. "C" — Moneys received and 
disbursed. 

Civ. C. '22, § 3379; 1912, XXVII, 707; 1914, Sp. XXIX, 18; XXXII, 303. 

§ 4326. Commissioner to Appoint Clerks, Etc. — The Commissioner shall 
have the power to appoint clerks, officers and all necessary employees to 
carry out the provisions of this Article and fix the salaries of the same. He 



§ 4327 Civil Code 2176 

shall, to safeguard the interests of the State, require bonds from such officers, 
clerks or employees for the faithful performance of their duties. He shall 
prescribe rules and regulations, not inconsistent with the intent and spirit 
of this Article to carry same into effect : Provided, No person who has cotton 
stored in warehouse shall act as manager of said warehouse. 

Civ. C. '22, § 3380; 1912, XXYII, 707; 1914. Sp. XXIX. 18; 1921, XXXII, 303. 

§ 4327. Bond of Commissioner. — The person elected under the first Sec- 
tion of this Article shall give a bond to the State of South Carolina in the 
sum of $200,000.00 or rgore to guarantee the faithful performance of his duties, 
the expense of said bond to be paid by the State, to be approved as other 
bonds for State officers. 

Civ. C. '22, § 3381 ; 1912, XXYII, 707 ; 1914. Sp. XXIX. 18 : 1921, XXXII, 303. 

§ 4328. Warehouse Receipts. — The warehouse receipt books shall be de- 
signed by the Commission and furnished the managers of each warehouse. 
Receipts must be numbered and the warehouse receiving such books must ac- 
count for each receipt. The receipts in such books may have the lithographed 
or engraved signature of the State AVarehouse Commissioner, but the same 
shall be signed with pen and ink by the manager of the local warehouse. 

Civ. C. '22. § 3382: 1912. XXYII. 707: 1914. Sp. XXIX, 18; 1921, XXXII, 303. 

§ 4329. Penalty for Fraudulent Receipt. — The manager of any warehouse 
or any agent, employee or servant, who issues or aids in issuing a receipt for 
cotton, knowing that such cotton has not been actually placed in the ware- 
house under the control of the manager thereof, shall be punished for each 
offense by imprisonment in the State Penitentiary for a period of not less 
than one nor more than five years, or by a fine of not exceeding $5,000. 

Civ. C. '22, § 3383 ; 1914, Sp. XXIX, 18 ; 1921, XXXII, 303. 

§ 4330. Penalty for Issuing Duplicate Receipt. — Any manager, employee 
or servant who shall issue or aid in issuing a duplicate or additional receipt 
for cotton, knowing that the former receipt or any part thereof is outstand- 
ing, shall be punished as in the laws of this State provided for forgery : Pro- 
vided, The party applying for a duplicate upon the representation that the 
original has been lost or destroyed give to the State Warehouse Commissioner 
an indemnifying bond in an amount to fully cover any amount or loss or 
litigation that might result from the issuance of the same. 

Civ. C. '22, § 3384; 1914, Sp. XXIX, 18; 1921, XXXII, 303. 

§ 4331. Penalty Not to Produce Receipt. — Any manager, employee, agent 
or servant who shall deliver cotton from a warehouse under this Article with- 
out the production of the receipt therefor or who fails to mark such receipt 
"Cancelled" on the delivery of the cotton shall be punished by a fine of not 
more than $5,000 or imprisonment not more than five years, or by both fine 
and imprisonment, in the discretion of the court. 

Civ. C. '22, § 3385; 1914, Sp. XXIX. IS; 1921, XXXII, 303. 

§ 4332. Penalty for Deposit of Cotton Under Lien Without Notification — 
Lien of Warehouse for Storage. — Any person who shall deposit or attempt to 
deposit cotton upon which a lien or mortgage exists, without notifying the 
manager of the warehouse, shall be punished by fine and imprisonment for a 
period of not more than one year and a fine of not more than one thousand 
($1,000.00) dollars: Provided, That the warehouse shall have a lien for iu- 
surance and storage charges, and other expenses incident to the storage of said 
cotton prior to all other liens except for State and county taxes. And any 
person disposing of such cotton over which this prior lien exists shall be 



2177 Civil Code § 4333 

punished as now provided for by law for selling property over which lien 
exists. 

Civ. C. '22, § 3386; 1914, Sp. XXIX, 18; 1921, XXXII, 303. 

§ 4333. Constitutionality. — If any particular Section of this Article shall 
be held unconstitutional, such holding shall not invalidate any other portion 
thereof. 

Civ. C. '22, § 3387; 1914, Sp. XXIX, 18; 1921, XXXII, 303. 

§ 4334. Liabilities. — It is hereby declared that no debt or other liability 
shall be created against the State by reason of the lease or operation of the 
warehouse system, created by this Article, except as by this Article : Provided, 
The Warehouse Commissioner being specifically forbidden to lease or take 
over any warehouse where the revenue derived from same is not sufficient to 
pay the expense of operation. 

Civ. C. '22, § 3388; 1912, XXVII, 707; 1914, Sp. XXIX, 18; 1921, XXXII, 303. 

§ 4335. Insurance. — The Commissioner shall insure and shall keep insured 
for its full value, upon the best terms obtained by individual or blanket policy, 
all cotton on storage. In case of loss he shall collect the insurance due and 
pay the same ratably to those lawfully entitled. The insurance policies to be 
in the name of the State and the premium collected from the owner of the 
cotton, the State to have a lien on the cotton for insurance and storage 
charges, the same as other public warehouses in the State. 

Civ. C. '22, § 3389; 1912, XXVII, 707; 1914, Sp. XXIX, 18; 1919, XXXI, 290; 1920, 
XXXI, 902; 1921, XXXII, 303. 

§ 4336. Appropriation for Revolving Fund for Purchase of Cotton Seed 
and/or Fertilizer by State Warehouse Commissioner. — The State Treasurer of 
the State of South Carolina is hereby directed and empowered to set aside 
from the income tax collections the sum of twenty thousand ($20,000.00) 
dollars to be used by the State Warehouse Commissioner in the purchasing, 
selling and distributing of cotton seed and/or fertilizer to the farmers of the 
State at cost, plus the expenses of purchasing, storing and selling of said seed 
and fertilizer. 

Civ. C. '22, § 3390; 1912, XXVII, 707; 1914, Sp. XXIX, 18; 1921, XXXII, 303: 1929, 
XXXVI, 696. 

§ 4337. Expenses. — The Warehouse Commissioner, when away from office 
in the discharge of his duties, shall be paid his actual expenses, for which 
there shall be filed an itemized account, to accompany the warrant from the 
Comptroller General on the State Treasurer. 

Civ. C. '22, § 3391 ; 1912, XXVII, 707 ; 1914, Sp. XXIX, 18 ; 1921, XXXII, 303. 

§ 4338. Fund. — The money appropriated by this Article, and all sums col- 
lected under it, shall be held in the State Treasury as a separate fund for the 
purposes of this Article. 

Civ. C. '22, § 3392 ; 1914, Sp. XXIX, 18 ; 1921, XXXII, 303. 

§ 4339. Additional Powers Conferred Upon Commissioner — Negotiation of 
Loans — Sell Cotton — Commissions. — The Commissioner, in addition to the 
duties hereinbefore vested in him, is also permitted and empowered upon the 
request of the owner or owners of the warehouse receipts and cotton stored 
in such warehouses, to aid, assist and cooperate, or as the duly authorised 
agent of such owner or owners, to secure and negotiate loans upon the pledge 
of his or their warehouse receipts, and for his or their benefit ; and upon like 
request of said owner or owners, and his or their duly authorized agent, to 
sell and dispose of his or their warehouse cotton for such owner or owners. 



§ 4340 CrviL Code 2178 

either in the home or foreign markets, as may be agreed upon between such 
owner or owners and the said Commissioner. And for said loan or sales said 
Commissioner shall charge reasonable and just commission, without discrimi- 
nation, all of which shall be accounted for and held as part of the fund for 
the maintenance of the State warehouse system: Provided, hoivever, That the 
State incurs no liability whatever for any act or representation of the Com- 
misisoner in exercising any of the permissions or powers vested in him in this 
section: Provided, further. That the bond of the Commissioner will be liable 
for any unfaithful or negligent act of his by reason of which the owner or 
owners of such warehoused cotton suffer damage or loss. 
Civ. C. '22, § 3393; 1915, XXIX, 144; 1921, XXXII, 303. 

§ 4340. Revolving Fund for Purchase of Farm Seeds, Fertilizers and/or 
Calcium Arsenic by the State Warehouse Commissioner.— The State Treasurer 
is hereby authorized and directed to immediately, and on the first day of 
February of each year thereafter, set aside the sum of fifty thousand ($50,- 
000.00) dollars, out of the general account, if so much be necessary, and place 
the same to the credit of the State Warehouse Commissoner, to be used by 
the State Warehouse Commissioner in the purchasing, selling and distribut- 
ing of farm seeds, fertilizers and calcium arsenic to the farmers of the State 
at cost, plus the expenses of purchasing, storing and selling of said seed and 
fertilizer: Provided, hoivever, That all sales made thereunder by the State 
"Warehouse Commissioner shall be for cash. The State Warehouse Commissioner 
is hereby charged with the administration of this Section, and that on or be- 
fore the first day of August, 1930, and the first day of each August thereafter, 
he shall return to the State Treasurer any of said funds used for the purpose 
of this Section, which funds will then become a part of the regular State funds 
applicable to appropriations. 

1930, XXXVI, 1115. 

§ 4341. State Warehouse Commissioner May Purchase and Distribute Fer- 
tilizer, Etc. — Committee — Powers. — The State Warehouse Commissioner is 
hereby authorized to purchase in the open market, or jointly with a com- 
mittee composed of two members of the House of Representatives and one 
from the Senate, said committee to be appointed by the Spaker of the House 
and the President of the Senate and shall serve without pay. Said committee 
may treat with and purchase direct from foreign counties or fertilizer agencies 
upon the best terms and prices obtainable, such amount of fertilizer and 
fertilizer material as in its judgment will be needed for use by the farmers 
of this State and to store the same in the State Warehouse in the various 
towns and communities of the State in such quantities as in its judgment 
may be needed: Provided, That the State Warehouse Commissioner shall not 
sell or ship any of the said fertilizer or fertilizer materials unless each order 
is accompanied by a deposit of at least ten ($10.00) dollars per ton on each 
ton of fertilizer or fertilizer materials, with balance of purchase price to be 
paid in cash : Provided, further, That whenever the Warehouse Commissioner 
merely serves to bring a buyer and seller together he shall have no further 
responsibility in the matter, and shall not require the deposit of $10.00 per 
ton. The said Warehouse Commissioner is hereby authorized either by himself 
or his agents to sell for cash to the farmers of South Carolina the said fertilizer 
and fertilizer materials. 

The cost of the stock of fertilizer and fertilizer materials provided for in 
this Section, together with all the necessary expenses for procuring and han- 
dling the same, shall be paid by the State Treasurer out of five hundred thou- 



2179 Civil Code § 4342 

sand ($500,000.00) dollars, to be construed as a revolving fund, set aside 
from any money in the State Treasury: Provided, The amount shall not ex- 
ceed five hundred thousand ($500,000.00) dollars. 

The State Warehouse Commissioner is hereby required to turn into the State 
Treasury, on the first of each September, all the moneys derived from the 
sale of fertilizer and fertilizer materials as provided for in this Resolution. 

It is the avowed purpose of this Section that the fertilizer and fertilizer ma- 
terials provided for herein are to be sold and delivered directly to the farmers 
of this State at actual cost, plus the actual cost of handling, and are not to be 
handled for speculative purposes, nor sold to dealers for resale at a profit ; and 
any person or persons who shall purchase from the State Warehouse Commis- 
sioner fertilizer and fertilizer materials and resell the same at a greater price 
than actual cost shall be guilty of a misdemeanor, and, upon conviction there- 
of, be punished by fine or imprisonment at the discretion of the Judge who 
tries the same : Provided, Said fertilizer and fertilizer materials shall be analy- 
zed by a chemist of the Department of Agriculture of South Carolina. 

1928, XXXV, 1683. 

§ 4342. Warehouse Not Paying Insurance to Be Closed. — The State Ware- 
house Commissioner shall close all State warehouses and cease to sign all re- 
ceipts where the warehouseman fails to pay insurance due, after thirty days' 
notice. 

Civ. C. '22, § 3394; 1921, XXXII, 303. 

§ 4343. References to Cotton Herein Include Other Nonperishable Farm 
Products. — All the provisions of this Bill wherein it refers to cotton shall be 
understood to refer likewise to all nonperishable farm products in storage. 

Civ. C. '22, § 3395; 1921, XXXII, 303. 

§ 4344. Insurance of Cotton and Warehouses — Duties of State Warehouse 
Commissioner. — In the event the State Warehouse Commissioner cannot pro- 
cure the necessary insurance protection on satisfactory terms, rates and con- 
ditions for the warehouses of the State Cotton Warehouse System and the 
cotton stored therein, then the said State Warehouse Commissioner, as the 
head of the State Cotton Warehouse System, is hereby authorized and em- 
powered to carry all of the insurance on said warehouses and the cotton 
stored therein under the provisions of the ensuing Sections of this Article. 

Civ. C. '22, § 3396; 1919, XXXI, 290; 1920, XXXI, 902. 

§ 4345. Schedule of Rates — Submission to Governor, Insurance Commis- 
sioner and Comptroller General. — The State AVarehouse Commissioner shall 
prepare a schedule of rates of insurance on the warehouses of the State Cot- 
ton Warehouse System and the cotton stored therein, taking as a basis the 
rate applying on insurance in effect at the time of the approval of this Article. 
Upon completion of this schedule of rates shall be submitted to the Governor, 
Insurance Commissioner and Comptroller General, and no rate is to be pro- 
mulgated without their written approval. 

Said schedule of rates shall be filed in duplicate in the office of the Insurance 
Commissioner and the State Warehouse Commissioner. The said schedule shall 
give the number and location of each warehouse, the rate of insurance and 
the storage capacity of said warehouse, together with a diagram showing all 
exposures. The premiums are to be assessed upon the same system now 
practiced in the State Warehouse and payment be made upon the daily aver- 
age number of bales on storage, so that the assessment shall be only for the 



§ 4346 Civil Code 2180 

time each bale of cotton is actually upon storage and protected against loss 
by fire. 

Civ. C. '22, § 3397; 1919, XXXI, 290; 1920, XXXI, 902. 

§ 4346. Form of Policy. — The State Warehouse Commissioner shall pre- 
pare a form of insurance policy to be issued to the manager of each warehouse, 
which is to be kept on file in said warehouse subject to the inspection of any 
person with cotton on storage. The said policy to be set forth as follows : "A," 
rate on warehouse. "B," rate on cotton stored therein. "C," the portion of the 
risk carried by the State under the provisions of this Article. "D," the names 
of any company or companies insuring any portion of the risk and the amount 
carried by each. 

Civ. C. '22, § 3398; 1919, XXXI, 290. 

§ 4347. Reinsurance. — The Warehouse Commissioner shall reinsure in re- 
liable insurance company or companies such portion of the insurance liability 
of the State Cotton Warehouse System as is commensurate with the principles 
of safe underwriting. 

Civ. C. '22, § 3399; 1919, XXXI, 290; 1920, XXXI, 902. 

§ 4348. Limit on Individual Risks. — If satisfactory reinsurance contracts 
or treaties cannot be effected the Warehouse Commissioner is authorized and 
empowered to insure each individual risk in the State Cotton Warehouse 
System in a sum not to exceed ten thousand ($10,000.00) dollars, subdivisions 
of individual warehouses being considered individual risks where such sub- 
divisions are separated by standard fire wall. Where the insurance on any 
individual risk exceeds the amount carried in the State Cotton Warehouse 
System such excess shall be placed as concurrent insurance in one or more 
reliable insurance companies. 

Civ. C. '22, § 3400; 1919, XXXI, 290; 1920, XXXI, 902. 

§ 4349. Handling of Premiums — Payment of Losses — Loan from Sinking 
Fund Commission. — The premiums collected on insurance written under the 
provisions of this Article shall be remitted by the Warehouse Commissioner 
monthly to the State Treasurer, and the State Treasurer shall place such 
amounts remitted to the credit of the State Cotton Warehouse System and 
placed in a fund to be known as the State Cotton Warehouse Insurance Fund, 
to be used by the Warehouse Commissioner in the payment of all losses that 
may occur to the warehouses and the cotton stored therein insured under the 
provisions of this Article and in payment of premiums on reinsuring or con- 
current policies of insurance : Provided, That in the event that the losses sus- 
tained exceed at any time the funds on hand in the said State Cotton Ware- 
house Insurance Fund, that the State Sinking Fund Commission is hereby au- 
thorized to loan to the State Cotton Warehouse System sufficient funds to 
make up the deficit, and the General Assembly at its next session shall provide 
for the payment of said loan with interest. 

Civ. C. '22, § 3401 ; 1919, XXXI, 290 ; 1920, XXXI, 902. 

§ 4350. Duties of State Warehouse Commissioner in Collection of Pre- 
miums. — The Warehouse Commissioner is required to collect the premiums on 
insurance policies issued by the State Cotton Warehouse System Avithin thirty 
days after the issuance of such policies and shall close all warehouses where 
the premiums remain unpaid for a period of time longer than that specified 
in this Section. 

Civ. C. '22, § 3402 ; 1919, XXXI, 290 ; 1020, XXXI, 902. 



2181 Civil Code § 4351 

ARTICLE 4 
Cooperative Marketing 

4351. Purpose of Article. 4369. Annual Reports. 

4352. Definitions. 4370. Effect of Article on Other Laws. 
4853^. Formation and Objects of Assoeia- 4371. Association Participating in Other As- 

tions. sociations. 

4355. Securing Information. 4372. Contracts Promoting Purposes of As- 

4356. Powers of Associations. sociation. 

4357. Membership and Representation. 4373. Associations Organized Under Older 
4358-9. Articles of Incorporation. Statutes. 

4360. By-Laws. 4374. False Reports and Inducing Breach 

4361. Meetings of Association. of Contract. 

4362-3. Directors and Oflfiicers. 4375. Combinations and Contracts Legal. 

4364. Certificate of Membership. 4376. Sections Independent. 

4365. Charges against Officers. 4377. Applicability of General Corporation 

4366. Referring Matter to Members. Law. 

4367. Contracts for Marketing Products. 4378. Annual License Fee. 

4368. Issue of Preferred Stock for Pur- 4379. Incorporation Fees, 
chases. 

§ 4351. Purpose of Article. — In order to promote, foster and encourage the 
intelligent and orderly marketing of agricultural products through cooperating 
and to eliminate speculation and waste, and to make the distribution of agri- 
cutural products as direct as can be efficiently done between producer and con- 
sumer, and to stabilize the marketing problems of agricultural products, this 
Article is passed. 

Civ. C. '22, § 3403; 1921, XXXII, 339. 

§ 4352. Terms Defined. — As used in this Article: 

(a) The term "agricultural products" shall include horticultural, viticul- 
tural, forestry, dairy, live stock, poultry, bee and any farm products. 

(b) The term "member" shall include actual members of association with- 
out capital stock and holders of common stock in associations organized with 
capital stock. 

(c) The term "association" means any corporation organized under this 
Article; and, 

(d) The term "person" shall include individuals, firms, partnerships, cor- 
porations and associations. 

Associations organized hereunder shall be deemed nonprofit, inasmuch as 
they are not organized to make profit for themselves, as such, or for their mem- 
bers, as such, but only for their members as producers. 

This Article shall be referred to as the ' ' Cooperative Marketing Act. ' ' 

Civ. C. '22, § 3404 ; 1921, XXXII, 339. 

§ 4353. Formation of Cooperative Associations. — Five (5) or more per- 
sons engaged in the production of agricultural products may form a nonprofit, 
cooperative association with or without capital stock, under the provisions of this 
Article. 

Civ. C, '22, § 3405; 1921, XXXII, 339. 

§,4354. Objects for Which Associations May Be Formed. — An association 
may be organized to engage in any activity in connection with the marketing or 
selling of the agricultural products of its members, or with the harvesting, pre- 
serving, drying, processing, canning, packing, storing, handling, shipping or 
utilization thereof, or the manufacturing or marketing of the by-products there- 
of, or in connection with the manufacturing, selling or supplying to its members 
of machinery, equipment or supplies, or in the financing of the above enumer- 
ated activities, or in any one or more of the activities specified herein. 

Civ. C. '22, § 3406; 1921, XXXII, 339. 



§ 4355 CmL Code 2182 

§ 4355. Where Information Can Be Secured. — Every group of persons con- 
templating the organization of an association under this Article, is urged to 
communicate with the Director of Extension Service of Clemson College (and 
the Cotton Market Bureau of this State), who will inform it whenever a survey 
of the marketing conditions affecting the commodities to be handled by the pro- 
posed association indicates regarding probable success. 

Civ. C. '22, § 3407; 1921, XXXII, 339. 

§ 4356. Powers of Incorporated Associations. — Each association incorpor- 
ated under this Article shall have the following powers : 

(a) To engage in any activity in connection with the marketing, selling, har- 
vesting, preserving, drying, processing, canning, packing, storing, handling or 
utilization of any agricultural products produced or delivered to it by its mem- 
bers ; or the manufacturing or marketing of the by-products thereof ; or in con- 
nection with the purchase, hiring or use by its members of supplies, machinery 
or equipment; or in the financing of any such activities, or in any one or more 
of the activities specified in this Section. No association, however, shall handle 
the agricultural products of any nonmember, except by special rules and 
regulations, 

(b) To borrow money and to make advances to members. 

(c) To act as agent or representative of any member or members in any of 
the above-mentioned activities. 

(d) To purchase or otherwise acquire, and to hold, own, and exercise all 
rights of ownership in, and to sell, transfer or pledge shares of the capital stock 
or bonds of any corporation or association engaged in any related activity or in 
the handling or marketing of any of the products handled by the association. 

(e) To establish reserves and to invest the funds thereof in bonds or such 
other property as may be provided in the by-laws. 

(f) To buy, hold and exercise all privileges of ownership over such real or 
personal property as may be necessary or convenient for the conducting and 
operation of any of the business of the association or incidental thereto. 

(g) To do each and everything necessary, suitable or proper for the accom- 
plishment of any one of the purposes or the attainment of any one or more of 
the objects herein enumerated, or conducive to or expedient for the interest or 
benefit of the association, and to contract accordingly; and in addition to ex- 
ercise and possess all powers, rights and privileges necessary or incidental to 
the purposes for which the association is organized or to the activities in which 
it is engaged; and in addition, any other rights, powers and privileges granted 
by the laws of this State to ordinary corporations, except such as are incon- 
sistent with the express provisions of this Article; and to do any such thing 
anywhere. 

Civ. C. '22, § 3408; 1921, XXXII, 339. 

§ 4357. Membership — Representation. — (a) Under the terms and condi- 
tions prescribed in its by-laws, an association may admit as members, or issue 
common stock, only to persons engaged in the production of the agricultural 
products to be handled by or through the association, including the les-sees and 
tenants of land used for the production of such products and any lessors and 
landlords who receive as rent part of the crop raised on the leased premises. 

(b) If a member of a nonstock association be other than a natural person, 
such member may be represented by an individual, associate, officer or member 
thereof, duly authorized in writing. 



2183 Civil Code § 4358 

(c) One association organized thereunder may become a member or stock- 
holder of any other association or associations organized hereunder. 

Civ. C. '22, § 3409 ; 1921, XXXII, 339. 

§ 4358. Articles of Incorporation. — Each association formed under this 
Article must prepare and file articles of incorporation, setting forth : 

(a) Name of the association. 

(b) The purpose for which it is formed. 

(e) The place where its principal business will be transacted. 

(d) The term for which it is to exist, not exceeding fifty (50) years. 

(e) The number of directors thereof, which must not be less than five (5) 
and may be any number in excess thereof, and the term of office of such direc- 
tors. 

(f) If organized without capital stock, whether the property rights and in- 
terest of each member shall be equal or unequal; and if unequal, the articles 
shall set forth the general rule or rules applicable to all members by which the 
property rights and interests, respectively, of each member may and shall be 
determined and fixed; and the association shall have the power to admit new 
members who shall be entitled to share in the property of the association with 
the old members, in accordance with such general rule or rules. This provision 
of the articles of incorporation shall not be altered, amended or repealed except 
by the written consent or the vote of three-fourths of the members, 

(g) If organized with capital stock, the amount of such stock and the number 
of shares into which it is divided and the par value thereof. The capital stock 
may be divided into preferred and common stock. If so divided, the articles of 
incorporation must contain a statement of the number of shares of stock- to 
which preference is granted and the number of shares of stock to which no 
preference is granted and the nature and extent of the preference and priv- 
ileges granted to each. 

The articles must be subscribed by the incorporators and acknowledged by one 
of them before an officer authorized by the law of this State to take and certify 
acknowledgments of deeds and conveyances; and shall be filed in accordance 
with the provisions of the general corporation law of this State ; and when so 
filed, the said articles of incorporation, or certified copies thereof, shall be 
received in all the courts of this State, and other places as prima facie evidence 
of the facts contained therein, and of the due incorporation of such association. 
A certified copy of the articles of incorporation shall also be filed with the di- 
rector of the State Extension Service of Clemson College (and the director of 
the Cotton Market Bureau of this State). 
Civ. C. '22, § 3410 ; 1921, XXXII, 339. 

§ 4359. Amendment of Articles of Incorporation. — The articles of incor- 
poration may be altered or amended at any regular meeting or at any special 
meeting called for that purpose. An amendment must first be approved by two- 
thirds of the directors and then adopted by a vote representing a majority of all 
the members of the association. Amendments to the articles of incorporation, 
when so adopted, shall be filed in accordance with the provisions of the general 
corporation law of this State. 

Civ. C. '22, § 3411; 1921. XXXII, 339. 

§ 4360. By-Laws. — Each association incorporated under this Article must, 
within thirty (30) days after its corporation, adopt for its government and 
management, a code of by-laws, not inconsistent with the powers granted by this 
Article. A majority vote of the members or stockholders, or their written assent. 



§ 4361 CrviL Code 2184 

is necessary to adopt such by-laws. Each association under its by-laws may also 
proride for any or all of the following matters : 

(a) The time, place and manner of calling and conducting its meetings. 

(b) The number of stockholders or members constituting a quorum. 

(c) The rights of members or stockholders to vote by proxy or by mail or by 
both, and the conditions, manner, form and effects of such votes. 

(d) The number of directors constituting a quorum. 

(e) The ciualifications, compensation and duties and terms of office of di- 
rectors and officers, time of their election and the mode and manner of giving 
notice thereof. 

(f ) Penalties for violation of the by-laws. 

(g) The amount of entrance, organization and membership fees, if any; 
the manner and method of collection of the same, and the purpose for which 
they may be used. 

(h) The amount which each member or stoekliolder shall be required to pay 
annually or from time to time, if at all, to carry on the business of the asso- 
ciation; the charge, if any, to be paid by each member or stockholder for serv- 
ices rendered by the association to him and the time of payment and the man- 
ner of collection: and the marketing contract between the association and its 
members or stockholders which every member or stockholder may be required 
to sign. 

(i) The number and qualification of members or stockholders of the asso- 
ciation and the conditions precedent to membership or ownership of common 
stock; the method, time and manner of permitting members to withdraw or 
the holders of common stock to transfer their stock: the manner of assign- 
ment and transfer of the interest of members, and of the shares of common 
stock, the conditions upon which, and time when, membership of any member 
shall cease. The automatic suspension of the rights of a member when he 
ceases to be eligible to member.ship in the association, and mode, manner and 
effect of the expulsion of a member : manner of determining the value of a 
member's interest and provision for its purchase by the association upon the 
death or withdrawal of a member or stockholder, or upon the expulsion of a 
member or forfeiture of his membership, or, at the option of the association, 
by conclusive appraisal by the board of directors. In case of the withdrawal 
or expulsion of a member, the board of directors shall equitably and conclu- 
sively appraise his property interest in the association and .shall fix the amount 
thereof in money, which shall be paid to him within one year after such ex- 
pulsion or withdrawal. 

Civ. C. '22. § 3412: 1921, XXXII, 339. 

§ 4361. Meetings of Association. — In its by-laws each association shall pro- 
vide for one or more regular meetings annually. The board of directors shall 
have the right to call a special meeting at any time, and ten per cent, of the 
members or stockholders may file a petition stating the specific business to be 
brought before the association and demand a special meeting at any time. Such 
meeting must thereupon be called by the directors. Xotice of all meetings, to- 
gether with a statement of the purposes thereof, shall be mailed to each mem- 
ber at least ten days prior to the meeting: Provided, howcvrr, That the by-laws 
may require instead that such notice may be given by publication in a news- 
paper of general circulation, published at the principal place of business of the 
association. 

Civ. C. '22, § 3413 ; 1921, XXXII, 389. 



2185 Civil Code § 4362 

§ 4362. Directors. — The affairs of the association shall be managed by a 
board of not less than five directors, elected by the members or stockholders 
from their own number. The by-laws may provide that the territory in which 
the association has members shall be divided into districts and that the di- 
rectors shall be elected according to such district. In such a case the by-laws 
shall specify the number of directors to be elected by each district, the man- 
ner and method of reapportioning the directors and of redistricting the terri- 
tory covered by the association. The by-laws may provide that primary elec- 
tions should be held in each district to elect the directors apportioned to such 
districts and the result of all such primary elections must be ratified by the 
next meeting of the association. The by-laws may provide that one or more 
directors may be appointed by the Director of Extension Service and the Cot- 
ton Market Bureau of this State. The director or directors so appointed need 
not be members or stockholders of the association, but shall have the same 
powers and rights as other directors. 

An association may provide a fair remuneration for the time actually spent 
by its officers and directors in its service. No director, during the term of his 
office, shall be a party to a contract for profit with the association differing in 
any way from the business relations accorded regular members or holders of 
common stock of the association, or to any other kind of contract differing 
from terms generally current in that district. 

"When a vacancy on the board of directors occurs, other than by expiration 
of term, the remaining members of the board, by a majority vote, shall fill 
the vacancy, unless the by-laws provide for an election of directors by dis- 
tricts. In such a case the board of directors shall immediately call a special 
meeting of the members or stockholders in that district to fill the vacancy. 

Civ. C. '22, § 3414; 1921, XXXII, 339. 

§ 4363. Officers. — The directors shall elect from their number a president 
and one or more vice-presidents. They shall also elect a secretary and treas- 
urer, who need not be directors, and they may combine the two latter offices 
and designate the combined office as secretary-treasurer. The treasurer, who 
shall be a bonded official, may be a bank or any depository, and as such shall 
not be considered as an officer, but as a function of the board of directors. In 
such case the secretary shall perform the usual accounting duties of the treas- 
urer, excepting that the funds shall be deposited only as authorized by the 
board of directors. 

Civ. C. '22, § 3415; 1921, XXXII, 339. 

§ 4364. Certificates of Membership — Capital Stock — Liability of Members 
— Voting — Retirement of Stock. — When a member of an association estab- 
lished without capital stock has paid his membership fee in full, he shall re- 
ceive a certificate of membership. 

No association shall issue stock to a member until it has been fully paid for. 
The promissory notes of the members may be accepted by the association as 
full or partial payment. The association shall hold the stock as security for 
the payment of the note, but such retention as security shall not affect the 
members' right to vote. Except for debts lawfully contracted between him and 
the association, no member shall be liable for the debts of the association to 
an amount exceeding the sum remaining unpaid on his membership fee or his 
subscription to the capital stock, including any unpaid balance on any promis- 
sory notes given in payment thereof. No stockholder of a cooperative asso- 
ciation shall own more than one-half of the issued common stock of the asso- 
ciation; and an association^ in its by-laws, may limit the amount of common 



§ 4365 CmL Code 2186 

stock which one member mar own to any amount less than one-twentieth of 
the issued eommon stock. 

No member or stockholder shall be entitled to more than one vote. Any 
association organized with stock under this Act may issue preferred stock, 
with or without the right to vote. Such stock may be redeemable or retirable 
by the association on such terms and conditions as may be provided for by 
the articles of incorporation and printed on the face of the certificate. The 
by-laws shall prohibit the transfer of the common stock of the association to 
persons not engaged in the production of the agricultural products handled 
by the association, and such restrictions must be printed upon every certificate 
of stock subject thereto. 

The association may, at any time, except when the debts of the association 
exceed fifty (50%) per cent, of the assets thereof, buy in or purchase its 
common stock at book value thereof as conclusively determined by the board 
of directors and pay for it in cash within one (1) year thereafter. 

Civ. C. '22, § 3416; 1921, XXXII, 339. 

§ 4365. Charges Against Ofl&cers — Filing — Hearing — Vote Upon Removal. 
— ^Any member may bring charges against an officer or director by filing them 
in writing with the secretary of the association, together with a petition 
signed by ten (10%) per cent, of the members, requesting the removal of the 
officer or director in question. The removal shall be voted upon at the next 
regular or special meeting of the association, and, by a vote of a majority of 
the members, the association may remove the officer or director and fill the 
vacancy. The director or officer against whom such charges have been brought 
shall be informed in writing of the charges previous to the meeting and shall 
have an opportunity at the meeting to be heard in person or by counsel and to 
present witnesses ; and the person or persons bringing the charges against 
him shall have the same opportunity. 

In case the by-laws provide for the election of directors by districts with 
primary elections in each district, then the petition for removal of director 
must be signed by twenty (20%) per cent, of the members residing in the 
district from which he was elected. The board of directors must call a special 
meeting of the members residing in that district to consider the removal of 
the director. By a vote of the majority of the members of that district, the 
director in question shall be removed from office. 

Civ. C. '22, § 3417 ; 1921, XXXII, 339. 

§ 4366. Upon Demand of One-third of Directors, Matter May Be Referred 
to Members. — Upon demand of one-third of the entire board of directors, any 
matter that has been approved or passed by the board must be referred to 
the entire membership of the stockholders for decision at the next special or 
regular meeting: Provided, however, That a special meeting may be called for 
this purpose. 

Civ. C. '22, § 3418; 1921. XXXII, 339. 

§ 4367. Contracts for Marketing Products — Remedies for Breach. — The 

association and its members may make and execute marketing contracts, re- 
quiring the members to sell, for any period of time, not over ten years, all or 
any specified part of their agricultural products or specified commodities ex- 
clusively to or through the association or any facilities to be created by the 
association. The contract may provide that the association may sell or resell 
the products of its members, with or without taking title thereto ; and pay 
over to its members the resale price, after deducting all necessary selling, 
overhead and other costs and expenses, including interest on preferred stock. 



2187 Civil Code § 4368 

not exceeding eight (8%) per cent, per annum, and reserves for retiring the 
stock, if any ; and other proper reserves, and interest not exceeding eight 
(8%) per cent, per annum upon common stock. 

The by-laws and the marketing contract may fix, as liquidated damages, 
specific sums to be paid by the member or stockholder to the association upon 
the breach by him of any provision of the marketing contract regarding the 
sale or delivery or withholding of products ; and may further provide that the 
member will pay all costs, premiums for bonds, expenses and fees in case any 
action is brought upon the contract by the association; and any such provi- 
sions shall be valid and enforceful in the courts of this State. 

In the event of any such breach or threatened breach of such marketing con- 
tracts by a member, the association shall be entitled to an injunction to pre- 
vent the further breach of the contract, and to a decree of specific perform- 
ance thereof. Pending the adjudication of such an action and upon filing a 
verified complaint showing the breach or threatened breach, and upon filing 
a sufficient bond, the association shall be entitled to a temporary restraining 
order and preliminary injunction against the member. 

Civ. C. '22, § 3419 ; 1921, XXXII, 339. 

§ 4368. Issue of Preferred Stock for Property Purchased. — Whenever an 
association organized hereunder with perferred capital stock, shall purchase 
the stock or any property, or any interest in any property of any person, firm, 
or corporation or association, it may discharge the obligations so incurred, 
wholly or in part, by exchanging for the acquired interest, shares of its pre- 
ferred capital stock to an amount which at par value would equal a fair mar- 
ket value of the stock or interest so purchased, as determined by the board of 
directors. In that case the transfer to the association of the stock or interest 
purchased shall be equivalent to payment in cash for the shares of stock issued. 

Civ. C. '22, § 3420 ; 1921, XXXII, 339. 

§ , 4369. Annual Reports. — Each association formed under this Article shall 
prepare and make out an annual report on forms furnished by (The Cotton 
Market Bureau) or the Director of the State Extension Service of Clemson 
College containing the name of the association, its principal place of business 
and a general statement of its business operations during the fiscal year, 
showing the amount of capital stock paid up and the number of stockholders 
of a stock association or the number of members and amount of membership 
fees received, if a nonstock association ; the total expenses of operations ; the 
amount of its indebtedness or liability and its balance sheets. 

Civ. C. '22, § 3421 ; 1921, XXXII, 339. 

§ 4370. Inconsistent Laws Not to Be Construed as Applying. — Any provi- 
sions of law which are in conflict with this Article shall not be construed as 
applying to the association herein provided for. 

Civ. C. '22, § 3422; 1921, XXXII, 339. 

§ 4371. Participation of Associations in Other Associations. — An associa- 
tion may organize, form, operate, own, control, have an interest in, own stock 
of, or be a member of any other corporation or corporations, with or without 
capital stock, and engage in preserving, drying, processing, canning, storing, 
handling, shipping, utilizing, manufacturing, marketing or selling of the agri- 
cultural products handled by the association, or the by-products thereof. If 
such corporations are warehousing corporations, they may issue legal ware- 
house receipts to the association or to any other person and such legal ware- 
house receipts shall be considered as adequate collateral to the extent of the 



§ 4372 CmL Code 2188 

current value of the commodity represented thereby. In case such warehouse 
is licensed, or licensed or bonded under the laws of this State or the United 
States, its warehouse receipt shall not be challenged or discriminated against 
because of ownership or control, wholly or in part, by the association. 
Civ. C. '22, § 3423; 1921, XXXII, 339. 

§ 4372. Contracts to Promote Purposes of Association. — ^Any association 
may, upon resolution adopted by its board of directors, enter into all neces- 
sary and proper contracts and agreements and make all necessary and proper 
stipulations, agreements and contracts and arrangements with any other co- 
operative corporation, association or associations, formed in this or in any 
other State, for the cooperative and more economical carrying on of its busi- 
ness, or any part or parts thereof. Any two or more associations may, by 
agreement between them, unite in employing and using or may separately em- 
ploy and use the same methods, means and agencies for carrying on and con- 
ducting their respective businesses. 

Civ. C. '22, § 3424; 1921, XXXII, 339. 

§ 4373. Adoption of Article by Corporations or Associations Already 
Formed. — Any corporation or association organized under previously ex- 
isting Statutes, may by a majority vote of its stockholders or members be 
brought under the provisions of this Article by limiting its membership and 
adopting the other restrictions as provided herein. It shall make out in dupli- 
cate a statement signed and sworn to by its directors, upon forms supplied 
by the corporation commissioners, to the effect that the corporation or asso- 
ciation has by a majority vote of its stockholders or members decided to accept 
the benefits and be bound by the provisions of this Article. Articles of incor- 
poration shall be filed as required in Section 4358, except that they shall be 
signed by the members of the board of directors. The filing fee shall be the 
same as for filing an amendment to articles of incorporation. 

Civ. C. '22, § 3425 ; 1921, XXXII, 339. 

§ 4374. Inducing Members to Violate Contract or Malicious Spreading of 
False Reports Concerning Association, a Misdemeanor — Penalties. — Any per- 
son or persons or any corporation whose officers or employees knowingly in- 
duce or attempt to induce any member or stockholder of an association organ- 
ized hereunder to breach his marketing contract with the association, or who 
maliciously and knowingly spreads false reports about the finances or man- 
agement thereof shall be guilty of a misdemeanor and subject to a fine of not 
less than one hundred ($100.00) dollars and not more than one thousand 
($1,000.00) dollars for such offense, and shall be liable to the association ag- 
grieved in a civil suit in the penal sum of five hundred ($500.00) dollars for 
each such offense. 

Civ. C. '22, § 3426; 1921, XXXII, 339. 

§ 4375. Not Illegal Combinations. — No association organized hereunder 
shall be deemed to be a combination in restraint of trade or an illegal mo- 
nopoly, or an attempt to lessen competition or fix prices arbitrarily ; nor shall 
the marketing contracts or agreements between the association and its mem- 
bers or any agreement authorized in this Article be considered illegal or in 
restraint of trade. 

Civ. C. '22, § 3427; 1921, XXXII, 339. 

§ 4376. Invalidity of One Section Not to Affect Remainder of Article. — 

If any section of this Article shall be declared unconstitutional for any reason, 
the remainder of the Article shall not be affected thereby. 
Civ. C. '22, § 3428; 1921, XXXII, 339. 



2189 Civil Code § 4377 

§ 4377. General Corporation Law to Apply, Unless Inconsistent Herewith. 

— The provisions of the general corporation laws of this State, and all powers 
and right thereunder, shall apply to the associations organized hereunder, 
except where such provisions are in conflict with, or inconsistent with, the 
express provisions of this Article. 
Civ. C. '22, § 3429; 1921, XXXII, 339. 

§ 4378. Annual License Fee — Exempt from Franchise Tax. — Each associa- 
tion organized hereunder shall pay an annual license fee of ten ($10.00) dol- 
lars, but shall be exempt from all franchise or license taxes. 

Civ. C. '22, § 3430; 1921, XXXII, 839. 

§ 4379. Fees for Articles of Incorporation — For Amendments. — For filing 
articles of incorporation, an association organized hereunder shall pay ten 
($10.00) dollars and for filing an amendment to Articles, two and 50/100 
($2.50) doUars. 

Civ. C. '22, § 3431 ; 1921, XXXII, 339. 



ARTICLE 5 
Flour and Grain 

4380. Inspector of Flour for Charleston. 4388. Flour in Transit. 

4381. Inspection of Flour. 4389-92. Flour Committee of Charleston 

4382. Regulations as to Containers. Chamber of Commerce. 
4383-4394. Standard Weights. 4393. Duty of Inspectors. 

4384. Inspecting and Branding. 4395. Pay of Committee. 

4385. Inspector's Fees. 4396-7. Tolls Allowed for Grinding. 

4386. Deputy Inspector. 4398. Regulations by Charleston City Coun- 

4387. Inspector's Oath. oil. 

§ 4380. Inspector of Flour for City of Charleston — Appointment, Bond 
and Terms. — The City Council of Charleston shall appoint a competent per- 
son as inspector of flour for the City of Charleston, who shall hold his office 
for two years and who shall give bond to the State of South Carolina, with 
good security, to be approved by the City Council of Charleston, in the penal 
sum of two thousand dollars, conditioned for the faithful discharge of the 
duties of the said office. 

Civ. C. '22, § 3432; Civ. C. '12, § 2371; Civ. C, '02, § 1559; G. S. 1199; R. S. 1306; 
1850, XII, 9 ; 1854, Xll, 317. 

§ 4381. Inspection of Flour Before Sale — Exception. — It shall not be law- 
ful, if inspection be demanded by the seller or purchaser, to sell in the City 
of Charleston any barrel, half barrel or bag of flour or meal of wheat, rye or 
corn unless the same shall have been first submitted to the view and examina- 
tion of the inspector of the aforesaid city, and by him examined in some lot, 
street or warehouse, open and accessible to all persons ; but flour of wheat, 
rye or corn manufactured in the City of Charleston for export to any other 
port or ports beyond the limits of the State shall not be liable to inspection 
in^the said city. 

Civ. C. '22, § 3433 ; Civ. C. '12, § 2372 ; Civ. C. '02, § 1560 ; G. S. 1200 ; R. S. 1307 ; 1860, 
XII, 8; 1868, XIV, 107; 1878, XVI, 751. 

§ 4382. Regulations as to Barrels, Etc. — Every cask or barrel containing 
flour or meal of wheat, rye or corn brought into or manufactured in the City 
of Charleston for sale shall be well made, of good seasoned materials, and suf- 
ficiently hooped and nailed ; and the said inspector shall cause all casks or 
barrels not made as aforesaid, and not in merchantable condition, but capable 



§ 4383 CmL Code 2190 

of being made so at a reasonable expense, to be repaired and put in merchant- 
able condition at the expense of the owner thereof. 

Civ. C. '22, § 3434 ; Civ. C. '12, § 2373 ; Civ. C. '02, § 1561 ; G. S. 1201 ; R. S. 1308 ; 
1859, XII, 8. 

§ 4383. Barrel to Contain What Quantity, Etc. — Every barrel submitted 
for inspection as aforesaid shall contain such quantity of flour or meal as upon 
inspection shall be found to be of the net weight of one hundred and ninety- 
six pounds ; and each and every half barrel shall contain such quantity as 
shall be of the net weight of ninety-eight pounds ; and the said inspector shall 
cause all barrels or half barrels containing a less quantity to be made of full 
weight at the expense of the owners thereof. 

Civ. C. '22, § 3435; Civ. C. '12, § 2374; Civ. C. '02, § 1562; G. S. 1202; R. S. 1309; 
1859, XII, 8. 

§ 4384. Manner of Inspecting — Branding — Designation of Brands. — Every 
cask or bag of flour or meal submitted to the view and examination of the in- 
spector as aforesaid shall by him be searched and tried, by boring on the head 
and piercing it through with an instrument by him to be provided; and he 
shall afterwards plug the same with soft seasoned wood, to prevent the en- 
trance of water therein. If the inspector shall judge the same to be merchant- 
able, he shall brand every such cask or bag with the word ' ' Charleston, ' ' and 
shall brand the degrees of fineness of which he shall, on inspection, determine 
the said flour or meal to be, in letters of half an inch in length, which degrees 
shall be distinguished as follows, to wit: "Family," "Extra," "Super," 
"Fine," "First Middlings," or "Second Middlings," "Ship Stufe," "First 
Rye," "Second Rye," "First Corn," or "Second Corn," as the case may be; 
but if, on examination, it proves unsound, then he shall mark the cask or bag 
with the broad arrow. 

Civ. C. '22, § 3436; Civ. C. '12, § 2375; Civ. C. '02, § 1563; G. S. 1203; R. S. 1310; 
1856, XII, 547; 1859, XII, 8; 1866, XIII, 432. 

§ 4385. Inspector's Fees. — The inspector shall be allowed not more than 
two and a half cents per package for inspecting, which shall be paid by the 
owner thereof, or his agent. 

Civ. C. '22, § 3437 ; Civ. C. '12, § 2376 ; Civ. C. '02, § 1564 ; G. S. 1204 ; R. S. 1311 ; 1854, 
XII, 316; 18.59, XII, 8; 1866, XIII, 432. 

§ 4386. When Inspector May Appoint Deputy. — In case of sickness or 
temporary absence of the inspector, or if necessary for the convenient dis- 
patch of the duties of his ofQce, he is hereby empowered to appoint a deputy 
to act for him during such sickness, absence, or such times as he may think 
proper, who shall also be made liable to the same penalties, and shall take 
the oath hereinafter prescribed. 

Civ. C. '22, § 3438; Civ. C. '12, § 2377; Civ. C. '02, § 1565; G. S. 1209; R. S. 1312; 
1859, XII, 8. 

§ 4387. Inspector's Oath. — The inspector of flour and meal under this 
Article shall, before he proceeds to perform the duties, make oath or affirma- 
tion, as the case may be, before the Clerk of the Court of Common Pleas, that, 
without fear, favor or affection, malice, partiality or respect of persons, he will 
diligently and carefully examine and inspect, to the best of his skill and 
ability, all flour or meal offered to him for inspection, and that he will brand, 
or cause to be branded, as merchantable, all barrels, half barrels or bags of 
flour or meal that appear sufficiently sweet and sound, and no other, according 
to the best of his knowledge and judgment; and also the oath provided for 
public officers. 

Civ. C. '22, § 3439; Civ. C. '12, § 2378; Civ. C. '02, § 1566; G. S. 1210; R. S. 1313; 
1859, XII, 8. 



2191 Civil Code § 4388 

§ 4388. Flour, Etc., in Transit Not Subject to Inspection. — No flour merely 
passing through the City of Charleston from any place in this or any other 
State to another port or place out of this State shall be required to be in- 
spected in the said City of Charleston: Provided, Such flour be distinctly 
marked before it comes into the said city, upon the barrels or bags, with the 
name of the place from whence it comes, and the name of the port or place of 
its destination, with the words "in transit" between the names of the said 
two places. 

Civ. C. '22, § 3440; Civ. C. '12, § 2379; Civ. C. '02, § 1567; G. S. 1212; R. S. 1314; 
1856, XII, 548. 

§ 4389. Charleston Chamber of Commerce May Appoint Flour Committee. 

— The Charleston Chamber of Commerce shall appoint a flour committee con- 
sisting of five members, who shall arrange and adopt suitable standards for 
the different grades of flour ; the standards so selected to conform as nearly as 
possible to similar standards adopted by the boards of inspection in the 
principal Atlantic cities. 

Civ. C. '22, § 3441; Civ. C. '12, § 2380; Civ. C. '02, § 1568; G. S. 1213; R. S. 1315; 
1880, XVII, 343. 

§ 4390. Flour Committee to Arrange Standards. — The said committee 
shall, as often as once in every three months, provide and adopt suitable 
standards for the different grades of flour, viz.: "Fine," "Superfine," "Ex- 
tra," "Family," and "Extra Family." The standards thus approved shall 
be kept in the possession of the committee for reference in all cases of dispute 
which may arise. They shall also furnish the Inspector or Inspectors herein 
provided for with similar standards for their guidance ; and all flour in- 
spected by the said inspectors shall be legibly branded or marked "Charles- 
to Chamber of Commerce Standard," with grade, day, month, year, and name 
of inspector. 

Civ. C. '22, § 3442; Civ. C. '12, § 2381; Civ. C. '02, §1569; G. S. 1214; R. S. 1316; 
1880, XVII, 343. 

§ 4391. Settlement of Disputes Between Inspectors and Parties by Flour 
Committee — Mode, Appeal, Etc. — The said flour committee shall also be um- 
pire to settle and decide all cases of dispute that may arise in reference to the 
inspection of flour between the inspectors and the parties for whom the in- 
spection may have been performed; and when an inspector is charged with 
passing flour which proves to be below the standard, unsound or damaged 
when inspected, or deficient in any way, it shall be the duty of said commit- 
tee, when called upon, to investigate the case, and, if the inspector is in fault, 
to assess such damages to be paid by him as in their judgment is fair and just. 
In all cases calling for their action a majority of said committee shall con- 
stitute a quorum, and their decision in such cases shall be made in writing ; 
the decision so made, however, to be subject to the right of appeal by either 
party to the Arbitration Court of the said Chamber of Coihmerce — the decision 
of said court to be final ; and suit may be brought on the bond herein provided 
for the inspector, if he shall be in default, in the name of the Charleston 
Chamber of Commerce, by the party in whose favor a decision may be so made, 
to recover the amount of damages so assessed. 

Civ. C. '22, § 3443; Civ. C. '12, § 2382; Civ. C. '02, § 1570; G. S. 1215; R. S. 1317; 
1880, XVII, 343. 

§ 4392. Flour Committee May Appoint Inspectors. — The said committee 
shall appoint one or more inspectors of flour ; and the inspectors so appointed 
shall each make and execute a good and satisfactory bond to the Charleston 



§ 4393 Civil Code 2192 

Ciiamber of Commerce in the penal sum of two thousand ($2,000.00) dollars^ 
(the said bond to be approved by the president of said Charleston Chamber 
of Commerce), conditioned for the faithful performance of the duties of the 
inspector, and for the payment of all claims and demands which may be de- 
cided against him as aforesaid: Provided, alivays, That the said committee shall 
have power to suspend or dismiss an inspector at any time for any cause sat- 
isfactory to them ; and no inspector so to be appointed shall be directly or in- 
directly engaged in the flour trade during such time as he may hold the office, 
on penalty of forfeiture of his commission as inspector. 

Civ. C. '22, § 3444; Civ. C. '12, § 2383; Civ. C. '02, § 1571; G. S. 1216; R. S. 1318; 
1880, XVII, 344. 

§ 4393. Duty of Inspectors. — It shall be the duty of the inspectors so ap- 
pointed carefully to inspect all flour submitted to them, and to decide on the 
grade and soundness of the same ; all flour thus inspected must be equal in 
quality to the standard furnished by the committee; and any inspector pass- 
ing flour which is not equal in quality to the standard for the grade which 
he makes it, shall be liable for any damage accruing from such action. 

Civ. C. '22, § 3445; Civ. C. '12, § 2384; Civ. C. '02, § 1572; G. S. 1217; R. S. 1319; 
1880, XVII, 344. 

§ 4394. Standard Weight. — It shall be the duty of the inspector to weigh 
a suitable number of barrels of each lot of flour inspected, to be assured that 
they contain the full weight of one hundred and ninety-six (196) pounds, and 
no inspector shall use the brand of the Charleston Chamber of Commerce on 
any flour in barrels that is of less weight than one hundred and ninety-six 
(196) pounds to the barrel. For such inspection, weighing, and branding, the 
inspector shall receive two (2c) cents per barrel or bag for each and every 
barrel or bag so inspected, weighed and branded, to be paid by the party re- 
questing the same to be done, and the same fee on reinspection. 

Civ. C. '22, § 3446; Civ. C. '12, § 2385; Civ. C. '02, § 1573; G. S. 1218; R. S. 1320; 
1880, XVII, 344. 

§ 4395. Pay of Committee. — In all cases calling for the action of the com- 
mittee to decide disputes as regards grade, soundness, or any other defect, 
between the inspector and parties for whom such inspection has been made, 
the members of the committee serving in said cases shall be paid one dollar 
for each meeting, the amount to be paid by the party against whom the case 
is decided by the committee, or, in case of appeal, by the party against whom 
the appeal court, herein provided for, shall decide. 

Civ. C. '22, § 3447; Civ. C. '12, § 2386; Civ. C. '02, § 1574; G. S. 1219; R. S. 1321; 
1880, XVII, 344. 

§ 4396. Tolls Allowed for Grinding. — No person shall take more toll for 
grinding corn, wheat, rye or any other grain into good meal or flour than one- 
eighth part of any quantity under ten bushels, and for ten bushels, or any 
quantity above, at one time brought, one-tenth part only, and for all grain, as 
aforesaid, chopped for hominy, feeding stock or for distilling, one-sixteenth 

part. 

Civ. C. '22, § 3448; Civ. C. '12, § 2387; Civ. C. '02, § 1575; G. S. 1220; R. S. 1322; 
1785, IX, 652. 

§ 4397. Penalty for Taking More Toll Than Allowed. — Any person or per- 
sons taking more toll than hereinbefore directed shall be subject to pay a fine 
to the amount of ten times the value of the toll so taken, to be recovered in 
the most summary way before the nearest Magistrate ; one-half to the prose- 
cutor and the other half to the person aggrieved. 

Civ. C. '22, § 3449; Civ. C. '12, § 2388; Civ. C. '02, § 1576; G. S. 1221; R. S. 1323; 
178--, IX, 652. 



2193 Civil Code § 4398 

§ 4398. City Council of Charleston to Regulate Sale of Grain.— The City 
Council of Charleston shall have full power and authority to regulate and con- 
trol the sale of grain by measurement or weight, or both, sold within the cor- 
porate limits of the city, in such manner as will insure a fair, equal and uni- 
form sale and measurement of the same. 

Civ. O. '22, § 3450; Civ. C. '12, § 2389; Civ. O. '02, § 1577; G. S. 1222; R. S. 1324; 
1823, VII, 143. 



ARTICLE 6 
Gauging Liquids and Inspecting Naval Stores 

4399. Enumeration of Liquids to be Gauged. 4406. Fees of Inspector. 

4400. Officer to do all Gauging. 4407. Quantity and Weight per Barrel. 

4401. Fees of Ganger. 4408. Branding of Containers. 
4402-4. Inspectors of Naval Stores. 4409. Exporting without Brands. 

4405. Inspection and Branding. 4410-11. Opening of Barrels by Purchaser. 

§ 4399. Certain Liquors, Etc., in Charleston to Be Gauged Before Delivery 
— Ganger. — All oils, molasses, syrups, wines, vinegar and liquors (not do- 
mestic) sold in the City of Charleston, either by the hogshead, pipe, puncheon, 
barrel, cask, keg or tank, shall, before their delivery, be gauged by a sworn 
ganger, elected by the City Council of Charleston, whose term of office shall 
be for four years. 

Civ. C. '22, § 3456; Civ. C. '12, § 2395; Civ. C. '02, § 1583; G. S. 1223; R. S. 1325; 
1876, XVI, 103. 

§ 4400. Unlawful for Others to Exercise Duties of Ganger — Penalty. — It 

shall not be lawful for any person or persons, except those duly elected by the 

City Council of Charleston, to exercise the duties of ganger, or gauge any of 

the aforesaid articles, under such penalty for each offense as may have been 

or may hereafter be fixed by the ordinances of said city, the said penalty to be 

recovered in any court of competent jursidiction. 

Civ. C. '22, § 3457; Civ. C. '12, § 2396; Civ. C. '02, § 1584; G. S. 1224; R. S. 1326; 
1876, XVI, 103. 

§ 4401. Fees of Ganger. — The fee charged for the said gauging shall not 
exceed ten cents per package, to be paid by the seller to the authorized 
ganger; and all fees accruing to the city gangers in the discharge of their 
duties shall be equally shared between them. 

Civ. C. '22, § 3458; Civ. C. '12, § 2397; Civ. C. '02, § 1585; G. S. 1225; R. S. 1327; 
1876, XVI, 103. 

§ 4402. City Council of Charleston to Appoint Inspectors of Naval Stores. 

— The City Council of Charleston are authorized to appoint such number of 
inspectors of naval stores as the wants of the trade may in their judgment 
from time to time require. No other person than those so appointed can per- 
form any. of the duties of inspectors of naval stores in said city. In case any 
one not appointed by the said city council shall assume to perform any of 
said duties, he shall be liable to the pains and penalties of the ordinances of 
the City Council of Charleston in such case made and provide. 

Civ. C. '22, § 3459; Civ. C. '12, § 2398; Civ. C. '02, § 1586; G. S. 1226; R. S. 1328; 
1858, XII, 744; XVI, 199. 

§ 4403. Inspectors to Give Bond, Etc. — Each of the inspectors so appointed 
shall give bond in the sum of two thousand dollars, conditioned for the faith- 
ful discharge of his duties. 

Civ. C. '22, § 3460; Civ. C. '12, § 2399; Civ. C. '02, § 1587; G. S. 1227; R. S. 1329; 
1856, XII, 584. 



§4404 Civil Code 2194 

§ 4404. Duty of Inspector to Examine Crude Turpentine, Etc. — It shall 
be the duty of the inspector of naval stores for the City of Charleston to ex- 
amine and inspect any crude turpentine or rosin of grades other than those 
known as "common" or "number two," which may be offered for sale in the 
City of Charleston, and which may be submitted for examination by the own- 
er or other person having charge of the same. 

Civ. C. '22, § 3461; Civ. C. '12, § 2400; Civ. C. '02, § 1588; G. S. 1228; R. S. 1330; 
1746, III, 687 ; 1856, XII, 583. 

§ 4405. Inspector to Weigh, Search, Try, and Brand Turpentine or Rosin. 

— Every barrel of crude turpentine or rosin submitted to an inspector as 
aforesaid shall be by him weighed and searched and tried, and the inspector 
shall brand every such barrel or cask with the word "Charleston," and shall 
brand thereon, in characters known to the trade, the quality of said turpen- 
tine or rosin, together with the weight of the same expressed in figures, and 
every barrel of rosin and turpentine shall be cleaned, strained and merchant- 
able, without chips, leaves, filth, or dirt. 

Civ. C. '22, § 3462; Civ. C. '12, § 2401; Civ. C. '02, § 1589; G. S. 1229; R. S. 1331; 
1746, III, 687 ; 1856, XII, 583. 

§ 4406. Fees Allowed Inspector — Lien for Fees. — For every barrel of tur- 
pentine or rosin weighed by the inspector, he shall be entitled to three cents, 
and for every barrel inspected and branded as herein directed, three and one- 
quarter cents, to be paid by the owners of said turpentine or his agent, and the 
inspector shall have a lien on said barrels for the amount due. 

Civ. C. '22, § 3463; Civ. C. '12, § 2402; Civ. C. '02, § 1590; G. S. 1230; R. S. 1332; 
1856, XII, 583. 

§ 4407. Weight of Barrel of Crude Turpentine — Quantity of Tar to Barrel. 

— In the absence of satisfactory proof of a special stipulation to the contrary, 
it shall be presumed and held that the quantity and weight of crude turpen- 
tine to make a barrel thereof is two hundred and eighty pounds, and that the 
quantity of tar to make a barrel thereof is thirty-two gallons. 

Civ. C. '22, § 3464; Civ. C. '12, § 2403: Civ. C. '02, § 1591; G. S. 1232; R. S. 1333: 
1746, III, 687; 1870, XIV, 350. 

§ 4408. Casks and Barrels to Be Branded, Etc. — Penalty for Failure. — 

Every person who shall sell or expose for sale in any part of this State any 
pitch, tar, rosin, turpentine, beef, or pork, in any casks or barrels, shall first 
set on every such cask or barrel a burnt mark, with the first letter of the 
Christian name, and the surname at length, of the maker of such commodity, 
with an iron brand ; and if any person shall, in any port or place of exporta- 
tion within this State, sell or expose to sale any of the said commodities here- 
inbefore enumerated, in any cask or barrel, before the same be marked and 
branded as aforesaid, every such person shall, for every such cask or barrel, 
forfeit the sum of two dollars to the person or persons who will inform and 
sue for the same, to be recovered before any Magistrate. 

Civ. C. '22, § 3465; Civ. C. '12, § 2404; Civ. C. '02, § 1592; G. S. 1233; R. S. 1334; 
1746, III, 686. 

§ 4409. Penalty for Exporting Without Brands, Etc. — If any merchant, 
factor, trader, or other person, shall ship or put on board any ship or vessel 
any of the said commodities hereinbefore enumerated, in any casks or barrels, 
with the intent to export the same, before such casks or barrels be marked and 
branded as aforesaid, every such merchant, factor, trader, or other person, 
shall forfeit the sum of two dollars for every such cask or barrel, to be sued 
for, recovered, and disposed of in manner aforesaid. 

Civ. C. '22, § 3466; Civ. C. '12, § 2405; Civ. C. '02, § 1593; G. S. 1234; R. S. 1335; 
1746, III, 686. 



2195 Civil Code § 4410 

§ 4410. Barrek May Be Opened by Purchasers Where Fraud is Suspected, 
Etc. — ^If any fraud or abuse shall be suspected in any barrel or barrels of 
pitch or rosin which shall be brought to market or exposed for sale, the per- 
son who shall treat for the purchase of such pitch or rosin shall be at liberty 
to cut open as many barrels of the same as he shall think proper, which shall 
be liable to be viewed, judged and forfeited, as is directed in the case of rice ; 
and where any pitch or rosin shall be condemned as fraudulent by the person 
or persons empowered (as is directed with respect to rice), to view and judge 
the same, all such condemned pitch and rosin shall be forfeited and sold by 
the State Treasurer, and applied to such uses as is directed in the case of rice. 

Civ. C. '22, § 3467; Civ. C. '12, § 2406; Civ. C. '02, § 1594; G. S. 1235; R. S. 1336; 
1746, III, 688. 

§ 4411. Barrels Opened at Risk of Persons Ordering Contents — Liabilities. 

— Where any pitch or rosin shall be ordered to be cut open as aforesaid, with- 
out the consent of the owner or person offering or exposing the same for sale, 
the same shall be done at the risk of the person who shall cause such pitch to 
be so cut open, that is to say, if such pitch or rosin shall not be condemned 
as fraudulent by the person or persons empowered to view and judge the same, 
then the person who caused the said pitch or rosin to be so cut open and ex- 
amined shall take to himself every such barrel so cut open, and which shall 
not be condemned as aforesaid, and shall pay to the owner or person offering 
the same for sale the current sum or price at which good pitch or rosin shall 
then be, at that port or place, anything hereinbefore contained to the con- 
trary notwithstanding. 

Civ. C. '22, § 3468; Civ. C. '12, § 2407; Civ. C. '02, § 1595; G. S. 1236; R. S. 1337; 
1746, III, 688. 



ARTICLE 7 
Meat, Rice, Staves and Shingles 

4412. Contents and Weight of Barrel. 4414. Wood for Making Barrels. 

4413. Killing Cattle not Previously Penned. 4415-16. Regulations as to Sale of Rice. 

4417. Staves and Shingles. 

§ 4412. Barrels to Contain and Weigh What — How to Be Packed. — Every 
barrel of pork or beef packed and sold in this State shall contain thirty gal- 
lons and two hundred pounds weight of wholesome, well-cured meat in the 
same, which shall be weighed by the packers, and well packed with salt and 
pickle, each piece not to weigh more than eight pounds, and not to be cut or 
mangled further than to take out the kernels or where the bones require it, 
and not more than two heads in one barrel of pork. No beef's heads or shanks 
shall at all be packed. 

Civ. C. '22, § 3469; Civ. C. '12, § 2408; Civ. C. '02, § 1596; G. S. 1237; R. S. 1338; 
1746, III, 687. 

§ 4413. Penalty for Killing Cattle for Packing Not Previously Penned. — 

In case any person shall kill any cattle to put in barrels for sale, without hav- 
ing first penned them twelve hours before killing them, every such person shall 
forfeit the .sum of ten dollars, current money, for every head of cattle so killed 
to the person who will sue for the same, to be recovered before any Magistrate. 

Civ. C. '22, § 3470; Civ. C. '12, § 2409; Civ. C. '02, § 1597; G. S. 1238; R. S. 1339; 
1746, III, 688. 

§ 4414. Barrels to Be Made of Seasoned Oak. — Every person in this State 
shall make the casks for packing beef or pork of sound, dry and well-sea- 



§ 4415 Civil Code 2196 

soned white or water oak timber, without sap, the heads as well as bodies of 
which casks shall be made tight, so as to hold pickle, and shall fill the said 
casks with water before the same are packed with any beef or pork. 

Civ. C. '22, § 3471; Civ. C. '12, § 2410; Civ. C. '02, § 1598; G. S. 1239; R. S. 1340; 
1746, III, 687. 

§ 4415. Fraudulent Mixtures of Rice Forfeited to State. — If any planter 
or other person shall sell or expose for sale to any merchant, factor, or any 
other person, at any port or place of exportation within this State, any casks 
or barrels of rice which, upon opening or uncasking the same, shall be found 
to contain any unfair and fraudulent mixture of small or damaged rice, then, 
and in every such case, the seller of the said rice, or person offering the same 
for sale, shall immediately, on request of the buyer, or person offering to buy 
the same, name one indifferent person, being a freeholder, and the said buyer 
another, to view the said rice, and if such two persons shall agree in opinion, 
and certify the same in writing under their hands, that such rice was deceit- 
fully and fraudulently packed and exposed for sale, every such cask or barrel 
so fraudulently packed and exposed for sale shall be forfeited to the State, 
and the same shall be sold or caused to be sold by the State Treasurer, or by 
the person or persons who shall condemn the same for the use aforesaid, who 
shall be allowed thereout five per cent, for their trouble. 

Civ. C. '22, § 3472; Civ. C. '12, § 2411; Civ. C. '02, § 1599; G. S. 1240; R. S. 1341; 
1746. Ill, 687; 1783, IV, 540. 

§ 4416. Proceedings in Case Sellers Do Not Nominate Arbitrators. — If the 

seller shall refuse to nominate a person to view the said rice, then the buyer 
shall nominate both the persons to view such rice, who shall have the same 
power as if one had been named by the seller and one by the buyer : Provided, 
That in case the said persons nominated as aforesaid shall not agree in opin- 
ion, they shall have power to nominate a third person, being a freeholder as 
aforesaid, who shall have the same power as the first two by this Chapter have ; 
and in case either of the said two persons shall refuse or neglect to join or 
cannot agree in nominating such third person, then in such case any Magis- 
trate, on notice given by both or either of the said persons, shall and he is 
hereby, required to nominate such third person, which third person shall have 
the same power in the premises as if he had been nominated by both. And such 
adjudication and certificate shall be made within twenty-four hours from the 
first application, and the said certificate shall be deemed a sufficient condemna- 
tion of the said rice to warrant the sale thereof as aforesaid ; any law, statute, 
usage, or custom to the contrary notwithstanding. 

Civ. C. '22, § 3473; Civ. C. '12, § 2412; Civ. C. '02, § 1600; G. S. 1241; R. S. 1342: 
1746, III, 687. 

§ 4417. Size of Shingles, Pipe Staves, Etc. — All staves to be made for ex- 
portation, and all shingles which shall be offered for sale in this State, shall 
be made of good and sound timber, and shall be of the following dimensions, 
to wit : Each pipe stave to be made of white oak, fifty-eight inches long, and 
not less than three-quarters of an inch thick at the thin edge, and three inches 
broad, clear of sap ; each hogshead stave to be- made of red or white. oak, forty- 
two inches long, not to be less than three-quarters of an inch thick at the thin 
edge, and four inches broad, clear of sap ; and each barrel stave of red or 
white oak, to be thirty inches long, not to be less than half an inch thick at 
the thin edge, and four inches broad, clear of sap ; and each shingle to be 
twenty-two inches in length, and not less than half an inch thick at the thick 



2197 Civil Code § 4418 

end, and well shaved, so as not to be winding, and not less than three inches 

and a-half broad, clear of sap. 

Civ. O. '22, § 3474; Civ. C. '12, § 2413; Civ. C. '02, § 1601; G. S. 1242; R. S. 1343; 
1746, III, 690. 



ARTICLES 

Timber and Lumber 

4418. Penalty for Use of Side and Edge 4421. Duties of Inspectors. 
Measurement Rule. 4422. Inspection by License Measurers. 

4419. Board Measurement in Charleston. 4423. Fees of Measurers. 

4420. Inspectors in Beaufort, Port Royal 4424. Taxation of Timber, 
and Georgetown. 4425. Entry on Tax Books. 

4426. Return of Deeds, Leases, etc. 

§ 4418. Rules for Measuring Ranging Timber — Penalty for Violation. — 

All ranging timber bought or sold in the markets of this State shall be by 
board or superficial measurement; and any person or persons who shall buy 
or sell ranging timber in or for the markets of Charleston or Georgetown, or 
any other public market in this State, by the rule known as "side and edge 
measurement," that is to say, by adding the side to the edge, multiplying by 
the length, and dividing by twelve [(side — edge) X length -^- twelve], shall 
be fined for every such act of buying or selling not less than one hundred dol- 
lars and not more than three hundred dollars. 

Civ. C. '22, § 3475; Civ. C. '12, § 2414; Civ. C. '02, § 1602; G. S. 1243; R. S. 1344; 
1855, XII, 434. 

§ 4419. Timber Not to Be Sold in Charleston Except by Board Measure- 
ment. — No timber shall be sold or purchased in the City of Charleston by any 
mode of measurement except that denominated board or superficial measure- 
ment (unless by special contract between the parties), which shall alone be 
done by the inspectors or surveyors of timber in the City of Charleston. 

Civ. C. '22, § 3476 ; Civ. C. '12, § 2415 ; Civ. C. '02, § 1603 ; G. S. 1244 ; R. S. 1345 ; 
1853, XII, 294. 

§ 4420. Annual Election of Inspectors in Beaufort, Port Royal and George- 
town — Bond and Oath.— The City Council of Charleston and the Town Coun- 
cils of Beaufort, Port Royal, and Georgetown, shall each elect annually, for 
their respective municipalities, one or more inspectors and surveyors of tim- 
ber, who, before entering upon the duties of his or their office, shall severally 
execute a bond to the said council, in the penalty of two thousand dollars, 
with good sureties, for the faithful performance of the duties of his or their 
office; and shall also take and subscribe the following oath, to wit: "I, A B, 
do solemnly swear (or affirm, as the case may be) that I will faithfully per- 
form all the duties of inspector and survej'or of timber in the City of Charles- 
ton (or town of , as the case may be), as prescribed by the Act of 

General. Assembly providing for the same. So help me, God." And said bond 
shall be recorded in the office of the Secretary of State, and shall be liable to 
suif at the instance of the State of South Carolina, or of individuals suffering 
loss by the violation of the provisions of this Chapter. 

Civ. C. '22, § 3477; Civ. C. '12, § 2416; Civ. C. '02, § 1604; G. S. 1245; R. S. 1346; 
1853, XII, 294. 

§ 4421. Surveyors and Inspectors to Measure Timber on Request — Sale 
of Timber in Bulk.^lt shall be the duty of the said surveyors and inspectors 
to measure all timber in the manner aforesaid brought for sale to the City of 
Charleston, at the request of any person owning or buying the same, and shall 



§ 4422 Civil Code 2198 

give a certificate to such person, specifying the quality, and kind, and quantity 
of such timber, and the number of pieces in each lot ; which certificate shall be 
evidence of the matters stated therein, as between the owner and purchasers 
thereof. But nothing herein contained shall prevent any person or persons from 
buying or selling timber in bulk without measurement. 

Civ. C. '22, § 3478; Civ. C. '12, § 2417; Civ. C. '02, § 1605; G. S. 1246; R. S. 1347: 
1853, XII, 294; 1856, XII, 580. 

§ 4422. Measured Lumber to Be Inspected by Licensed Measurers. — All 

timber and lumber brought to market for sale at the ports of Charleston, Port 
BiOyal, Beaufort and Georgetown, shall be measured and inspected by one of 
the licensed measurers, selected by the seller and buyer jointly; and the 
measurer so selected shall be entitled individually to the fee earned by him ; 
and the manner of inspection and classification of both timber and lumber 
shall be such as may be agreed upon between the buyer and seller. 

Should the buyer fail to agree to the selection of a measurer, then the meas- 
urement and inspection and classification may be made by any oificial meas- 
urer. 

Civ. C. '22, § 3479; Civ. C. '12, § 2418; Civ. C. '02, § 1606; G. S. 1247; R. S. 1348: 
x877, XVI, 271. 

§ 4423. Fees of Measurers. — The fees to be received by the measurers 
shall not exceed the following rates, viz.: Ten (10) cents per thousand feet 
for all square, hewn, or round timber; ten (10) cents per thousand feet for all 
lumber measured by bulk measurement in rafts; and twenty -five (25) cents 
per thousand feet for all lumber measured and inspected by the piece ; the 
expense of measuring fees to be equally divided between the buyer and seller. 

Civ. C. '22, § 3480; Civ. C. '12, § 2419; Civ. C. '02, § 1607; G. S. 1248; R. S. 1349; 
1877, XVI, 271. 

§ 4424. Taxation of Timber. — Any person, firm or corporation owning any 
deed, lease, or contract, whereby timber and timber rights are conveyed to 
him, her,them, or it, on and upon lands in the State of South Carolina, 
shall, at the time fixed by law for making annual returns of personal property 
in this State, for the purpose of taxation, return for taxation the value of 
such deeds, lease, or contract in the county or counties in which the timber 
covered by such deed, lease, or contract, stands or is situated, and not in the 
county of the domicile, or principal place of business of such person, firm or 
corporation ; and for the purpose of Sections 4424 to 4226 the said deed, lease, 
or contract, covering timber and timber rights, as aforesaid, shall have the 
character of, and be considered real, and not personal property ; save and ex- 
cept that returns thereof shall be made annually, instead of once in four years. 

1913, XXVIII, 197; 1922, XXXII, 946; 1923, XXXIII, 41; 1924, XXXIII, 1085. 

§ 4425. Entry on Tax Books. — The value of the said deed, lease, or con- 
tract, so required to be returned, shall be entered upon the tax books of such 
county or counties, and shall be subject to all statutory and other provisions 
relating to the return, assessment, equalization and taxation of real property, 
and the collection of taxes thereon in this State, except that returns thereof 
shall be made annually, instead of once in four years. 

1924, XXXIII, 1085. 

§ 4426. Separate Returns of Each Deed, Etc., Not Required. — This Article 
shall not be so construed as to require any such person, firm or corporation 
owning more than one such deed, lease, or contract, to return the value of each 
separately, but it shall be a sufficient compliance with the requirements of this 
Section for the value of all such deeds, leases, or contracts to be returned col- 



2199 Civil Code § 4427 

lectively, in the proper county, or counties, as designated by this Section: 
Provided, hoivever, That if such deed, lease, or contract, covers timber and 
timber rights in more than one coanty, then the value of such deed, lease or 
contract shall be prorated between or among such counties, with relation to 
the value thereof, in each county. 
1924, XXXIII, 1085. 



ARTICLE 9 

Illuminating Oils, Gasoline, Etc. 

4427. Inspection. 4432-3. Reports and Complaints. 

4428. Standards. 4434. Fraudulent Branding. 

4429. Annalysis, Chemists, etc. 4435. Selling without Label. 

4430. Fee for Inspection. 4436. Interest of Inspectors. 

4431. Payment for Tags and Stamps. 4437. Recovery of Fines. 

4438. Retail Dealers. 

§ 4427. Inspection of Illuminating Oils, Gasoline, Etc. — All gasoline, ben- 
zine, naphtha, kerosene or other like products of petroleum under whatever 
name called, used for illuminating, heating or power purposes, sold or offered 
for sale in this State and to be used in this State for power, illuminating or 
heating purposes, shall be subjected to inspection and test to determine their 
safety and value for power, illuminating or heating purposes. All manufactur- 
ers, wholesalers and jobbers, before selling or offering for sale in this State, 
any gasoline, kerosene, or other mineral oil for power, illuminating or heating 
purposes, shall file with the Commissioner of Agriculture, Commerce and In- 
dustries a statement that they desire to do business in the State, and furnish 
the name of brand of the oil or oils which it is. desired to sell, Avith the name 
and address of the manufacturer, and that the oil or oils will comply with the 
requirements of this Article. The Department of Agriculture, Commerce and 
Industries shall have power at all times and at all places to have collected 
samples of any gasoline, illuminating or heating oils offered for sale, and have 
the same tested or analyzed. The inspection of oils as authorized in this Article 
shall be under the direction of the Commissioner of Agriculture, Commerce 
and Industries, who is authorized to make all necessary rules and regulations 
for the inspection of such oils, to employ all necessary chemist or chemists, 
and to enforce standards as to safety, purity, value for power and heating pur- 
poses, or absences from objectionable substances and luminosity, when not in 
conflict with the provisions of this Article, and which he may deem necessary 
to provide the people of the State with satisfactory gasoline and illuminating 

on. 

Civ. C. '22, § 3485; 1913, XXVIII, 204. 

§ 4428. Standards to Be Enforced. — The following standards shall be en- 
forced under the provisions of the Article: (a) The flash test of illuminating 
oils shall be not less than 100 degrees Fahrenheit, as tested by the Elliott 
method closed cup — according to directions prepared by the Commissioner of 
Agriculture, Commerce and Industries, (b) All illuminating oils shall show 
not more than six per cent, by weight of residue remaining undistilled at 570 
degrees Fahrenheit, (c) Photometic tests of illuminating oils must show a 
steady flame of good quality and good illuminating power, (d) All gasoline, 
naphtha, benzine and oils used for power and heating purposes shall bear 
label, stamp or lettering as directed by the rules of the Commissioner of 



§ 4429 Civil Code 2200 

Agriculture, Commerce and Industries showing their flash test (Elliott closed 
cup method), their specific gravity and their quality upon distillation. 
Civ. C. '22, § 3486; 1913, XXVIII, 204. 

§ 4429. Commissioner of Agriculture to Appoint Analysts, Chemists and 
Inspectors — Powers of Inspectors. — The Commissioner of Agriculture, Com- 
merce and Industries shall appoint such analysts, chemists and inspectors as 
may be required to carry out the provisions of this Article. If advisable, the 
feed inspectors and chemists of the Department of Agriculture, Commerce and 
Industries shall also assist in the enforcement of the oil inspection law of the 
State. Each inspector, before entering upon his duties, shall take an oath of 
office before some person authorized to administer oaths. The inspector shall 
have power to examine all barrels, tanks or other vessels containing gasoline, 
kerosene, illuminating or heating oils, to see that they are properly tagged as 
required in this Article, and they shall, as directed, coUect and test samples of ~ 
oil offered for sale in different sections of the Stat^, and, when instructed, 
collect and send samples to the Department of Agriculture, Commerce and In- 
dustries for examination. 

Civ. C. '22, § 3487 ; 1913, XXVIII, 204 ; 1915, XXIX, 145. 

§ 4430. Fee for Inspection. — For the purpose of defraying expenses con- 
nected with the inspection, testing and analyzing oils in this State, there shall 
be paid to the Commissioner of Agriculture, Commerce and Industries a 
charge of one-eighth cent, per gallon, which payment shall be made before de- 
livery to agents, dealers or consumers in the State. Each barrel, tank, tank 
car or other container of oil shall have attached thereto a tag or stamp stating 
that all charges specified in this Section have been paid ; and the Commissioner 
of Agriculture, Commerce and Industries is hereby empowered to prescribe 
a form for such tags : Provided, That they shall be such as to meet the require- 
ments of the trade in oils and to adopt such rules and regulations as will in- 
sure the enforcement of this law. Where oil is shipped in tank cars or other 
large containers the manufacturer or jobber shall give notice to the Commis- 
sioner of Agriculture, Commerce and Industries of every shipment, with 
the name and address of the person, company or corporation to whom it is 
sent, and the number of gallons on the day the shipment is made. 

Civ. C. '22, § 3488; 1913, XXVIII, 204. 

§ 4431. Disposition of Payment for Tags — Payment of Expenses. — All 

checks or orders in payment for tags and stamps shall be made payable to the 
Commissioner of Agriculture, and all moneys received under the provisions of 
this Article shall be paid into the State Treasury. Such receipts shall be turned 
over monthly by the Commissioner to the State Treasurer, as are other funds. 
The Commissioner of Agriculture, Commerce and Industries is authorized to 
draw out of said funds, upon his requisition, such sums as may be necessary to 
pay all expenses incurred in connection with this Article, including salaries of 
oil chemist, or chemists, the cost of inspection, tags, blank. 
Civ. C. '22, § 3489 ; 1913, XXVIII, 204 ; 1915, XXIX, 145. 

§ 4432. Reports. — The Commissioner of Agriculture, Commerce and Indus- 
tries shall include in his report to the General Assembly an account of the 
operations and expense under this Article. 

Civ. C. '22, § 3490; 1913, XXVIII, 204. 

§ 4433. Complaints. — Whenever a complaint is made to the Department 
of Agriculture, Commerce and Industries in regard to the power, illuminating 
or heating qualities of any oil sold in this State the Commissioner shall cause 



2201 Civil Code § 4434 

a sample of said oil or oils complained of to be procured and have the same 
thoroughly analyzed and tested as to safety or value for power or heating 
purposes or illuminating qualities. If such analysis or other tests shall show 
that the oil is either unsafe or of inferior quality for power, heating or illum- 
inating purposes, its sale shall be forbidden and reports of the result or re- 
sults be sent to the party making the complaint and to the manufacturer of 
said oil. 

Civ. C. '22, § 3491; 1913, XXVIII, 204. 

§ 4434. Fraudulent Branding — Penalty. — Every person who shall fraud- 
ulently brand or stamp any package or barrel or other vessel, or use a stamp 
a second time, or keep any gasoline, kerosene or other like products of petro- 
leum, under whatever name called, used for illuminating, heating or power 
purposes, not marked and branded in accordance with the regulations of the 
Commissioner of Agriculture, Commerce and Industries, or violate any other 
provision of this Article or any regulation adopted by the Commissioner of 
Agriculture, Commerce and Industries for its enforcement, shall be guilty of a 
misdemeanor, and fined not less than ten ($10) dollars for each offense nor 
more than three hundred ($300) dollars. 

Civ. C. '22, § 3492; 1913, XXVIII, 204. 

§ 4435. Selling Without Label Misdemeanor. — If any person, manufacturer 
or dealer shall sell or offer for sale in this State any of said gasoline, kerosene 
or other like products of petroleum, under whatever name called, used for 
illuminating, heating or power purposes, before first having the same labeled 
and tagged as required by the regulations adopted by the Commissioner of 
Agriculture, Commerce and Industries, he shall be guilty of a misdemeanor, 
and, on conviction, be fined not exceeding three hundred ($300) dollars, and 
the said oils and fluids be forfeited and sold, and the proceeds thereof go to 
the common school fund of the State. If any manufacturer or dealer of said 
gasoline, illuminating or heating fluids shall, with intent to deceive or de- 
fraud, alter or erase the label or tag to indicate a different flash test, gravity 
or quantity, than is indicated by the label or stamp attached to the vessel, he 
shall, on conviction, be fined not exceeding fifty ($50) dollars for every such 
offense. 

Civ. C. '22, § 3493; 1913, XXVIII, 204. 

§ 4436. Inspectors Not to Be Interested in Products Sold. — Any inspector 
who, while in office, shall be interested, directly or indirectly, in the manufac- 
ture or vending of any of the gasoline, illuminating or heating oils, shall be 
guilty of a misdemeanor, and, on conviction, shall be fined not less than three 
hundred ($300) dollars. 

Civ. C. '22, § 3494; 1913, XXVIII, 204. 

§ 4437. Recovery of Fines, Etc. — All prosecutions for fines and penalties 
under the provisions of this Article shall be by indictment in a court of com- 
petent jurisdiction. 

.Civ. C. '22, § 3495; 1913, XXVIII, 204. 

§ 4438. Exceptions. — The provisions of this Article shall not apply to the 
retail dealer in oils, unless such retail dealer shall sell or offer to sell oils of a 
manufacturer, wholesaler or jobber who refuses to comply with the provisions 
of this Article. 

Civ. C. '22, § 3496; 1913, XXVIII, 204. 



§ 4439 CivrL Code 2202 

ARTICLE 10 

Commercial Feeding Stuffs 

4439. Statement of Contents on Package. 4446. Suspension of Sale by Commissioner. 

4440. Definition of Concentrated Commer- 4447. Taking of Samples. 

cial Feeding Stnffs. 4448-9. Rules and Regulations by Oommis- 

4441-2. Filing Statement \\ith Commis- sioner. 

sioner. 4450. Commissioner's Duty as to Violations. 

4443. Refusal of Registration. 4451. Appropriation. 

4444. Inspection Tax Stamp. 4452. Analysis and Inspectors. 

4445. Penalties. 4453. Analysis Includes Ingredients. 

4454. Penalty. 

§ 4439. Concentrated Animal Food to Contain Statement of Contents. — 

Every lot or parcel of concentrated commercial feeding stuff sold, offered or 
exposed for sale within this State shall have affixed thereto, or printed thereon 
in a conspicuous place on the outside thereof, a legible and plainly printed 
statement; in the English language, clearly and truly certifying the weight of 
the package (provided that all concentrated commercial feeding stuffs shall 
be in standard weight bags or packages of 25, 50, 75, 100, 125, 150, 175 or 200 
pounds) ; the name, brand or trademark under which the article is sold; the 
name and address of the manufacturer, jobber or importer; the names of each 
and all ingredients of which the article is composed ; a statement of the maxi- 
mum percentage it contains of crude fiber, and the percentage of crude fat, 
and the percentage of crude protein, and the percentage of carbohydrates, al- 
lowing one per cent, of nitrogen to equal six and one-fourth per cent, of pro- 
tein ; all four constituents to be determined by the methods in use at the time 
by the association of official agricultural chemists of the United States. 
' Civ. C. '22, § 3497 ; Civ. C. '12, § 2420 ; 1910, XXYI, 613. 

§ 4440. What Included in "Concentrated Commercial Feeding Stuffs," — 

The term "concentrated commercial feeding stuffs" shall be held to include 
all feeds used for live stock and poultry, except whole hays, straw, cotton seed 
hulls and corn stover, when the same are not mixed with other materials ; nor 
shall it apply to the unmixed whole seeds or grains of cereals when not mixed 
with other materials, and when not in damaged condition as determined by 
inspection to be unfit for feed purposes, mixed or unmixed. 
Civ. C. '22, § 3498 ; Civ. C. '12, § 2421 ; 1910, XXVI, 613. 

§ 4441. Statement to Be Filed With Commissioner of Agriculture, Com- 
merce and Industries. — Each and every manufacturer, importer, jobber, agent 
or seller, before selling, offering or exposing for sale in this State any con- 
centrated commercial feeding stuff, shall, for each and every feeding stuff 
bearing a distinguished name or trademark, file for registration with the Com- 
missioner of Agriculture, Commerce and Industries a copy of the statement 
required in Section 4439, and accompany said statement, on request, by a 
sealed glass jar or bottle containing at least one pound of such feeding stuff 
to be sold, exposed or off'ered for sale, which sample shall correspond within 
reasonable limits to the feeding stuff which it represents in the percentage of 
crude protein, crude fat, crude fiber and carbohydrates which it contains. 

Civ. C. -22, § 3499 ; Civ. C. '12, § 2422 ; 1910, XXVI, 613. 

§ 4442. If Manufacturer Files Statement the Seller Need Not. — AVhenever 
a manufacturer, importer or jobber of any concentrated commercial feeding 
stuff shall have filed a statement, as required by Section 4141, no agent or 
seller of such manufacturer, importer or jobber shall be required to file such 
statement. 

Civ. C. '22, § 3500 ; Civ. C. '12, 2423 ; 1910, XXVI, 613. 



2203 CmL Code § 4443 

§ 4443. Commissioner May Refuse Registration. — The Commissioner of 
Agriculture, Commerce and. Industries shall have power to refuse the registra- 
tion of any concentrated commercial feeding stuff under a name which would 
be misleading as to the materials of which it is composed or when the names 
of each and all ingredients of which it is composed are not stated. Should any 
concentrated commercial feeding stuffs be registered and it is afterwards dis- 
covered that they are in violation of any of the provisions of this Article, the 
Commissioner of Agriculture, Commerce and Industries shall have the power 
to cancel such registration. 

Civ. C. '22, § 3501 ; Civ. C. '12, § 2424 ; 1910, XXVI, 613. 

§ 4444. Inspection Tax Stamp — Sales in Bulk — Exception as to Tax 
Stamps Redeemed — Sales Between Importers and Manipulators — Form of 
Stamps. — Each and every manufacturer, importer, jobber, agent or seller of 
any concentrated commercial feeding stuff, as defined in Section 4440, shall 
pay to the Commissioner of Agriculture, Commerce and Industries, who shall 
deposit same in the State Treasury on or before the tenth day of each month, 
as other funds, an inspection tax of 25 cents per ton for each ton of such com- 
mercial feeding stuff sold, offered or exposed for sale or distributed in this 
8tate, and shall affix to, or accompany each car shipped in bulk and to each 
bag, barrel or other package of such concentrated commercial feeding stuff, 
a stamp to be furnished by the Commissioner of Agriculture, Commerce and 
Industries, stating that all charges specified in this Section have been paid : 
Pr-ovided, Whenever any concentrated commercial feeding stuff, as defined in 
Section 4440, is kept for sale in bulk, stored in bins or otherwise, the manu- 
facturer, dealer, jobber or importer keeping the same for sale shall keep on 
hand cards of proper size, upon which the statement or statements in Section 
4439 is, or are, plainly printed; and if the feeding stuff is sold at retail in bulk, 
or if it is put up in packages belonging to the purchaser, the manufacturer, 
dealer, jobber or importer shall furnish the purchaser with one of said cards, 
upon which is, or are, printed the statement, or statements, described in this 
Section, together with sufficient tax stamps to cover same : Provided, That the in- 
spection tax of 25 cents per ton shall not apply to whole seeds and grains when 
not mixed with other seeds or materials : Provided, further, That upon demand, 
said inspection stamps shall be redeemed by the department issuing said 
stamps upon surrender of same, accompanied by an affidavit that the same 
have not been used : Provided, That nothing in this Article shall be construed 
to restrict or prohibit the sale of concentrated commercial feeding stuff in bulk 
to each other by importers, manufacturers or manipulators who mix con- 
centrated commercial feeding stuff for sale ; but importers, manufacturers and 
manipulators shall attach to such feeding stuff a tax stating that it is to be 
used for mixing purposes only, and this tag shall give the number of pounds 
in bulk or package, the name of the manufacturer, the name of the stuff and 
its analysis, showing crude protein, crude fat, crude fiber and carbohydrates; 
and a duplicate of said tax shall be sent to the Commissioner of Agriculture, 
Commerce and Industries, together with a request for inspection. The Com- 
missioner of Agriculture, Commerce and Industries is hereby empowered to 
prescribe the form of such tax stamps. 

Civ. C. '22, § 3502 ; Civ. C. '12, § 2425 ; 1910, XXVI, 613 ; 1915, XXIX, 142. 

§ 4445. Penalty for Violation of Provisions. — Any manufacturer, importer, 
jobber, agent or dealer who shall sell, offer or expose for sale or distribution 
in this State any concentrated commercial feeding stuff, as defined in Section 
4440, without complying with the requirements of the preceding Sections of 



§ 4446 Civil Code 2204 

this Article, or who shall sell or offer or expose for sale or distribution any 
concentrated commercial feeding stuffs which contain substantially a smaller 
percentage of crude protein or crude fat or carbohydrates or a larger per- 
centage of crude fiber than certified to be contained, or who shall mix or 
adulterate any concentrated commercial feeding stuffs with foreign, mineral 
or other substance or substances, such as rice chaff or hulls, ground or crushed 
corn cobs, or similar materials of little or no feeding value, or with substances 
injurious to the health of domestic animals, or who shall sell, offer or expose 
for sale any concentrated commercial feeding stuffs so mixed or adulterated 
shall be guilty of a violation of this Article, and the lot of feeding stuffs in 
question shall be seized and condemned, sold or destroyed by the Commis- 
sioner of Agriculture, Commerce and Industries, or his duly authorized rep- 
resentative, and the proceeds from said sales shall be covered into the State 
Treasury for the use of the department excuting the provisions of this Article. 
Such seizure and sale shall be made by the Commissioner of Agriculture, 
Commerce and Industries, or under the direction of an officer of his appoint- 
ment. The sale shall be made at the court house door in the county in which the 
seizure is made : Provided, That whenever for sufficient reasons appearing to 
the Commissioner of Agriculture, Commerce and Industries or his representa- 
tive aforesaid, another place of sale is more convenient and more desirable, 
such place of sale may be selected. The sale shall be advertised for thirty days 
in a newspaper published in the county in which seizure is made, or if no news- 
paper be published in such county, then it shall be advertised in a news- 
paper published in the nearest county thereto having a newspaper. The ad- 
vertisement shall state the brand or name of the goods, the quantity and why 
seized and offered for sale, and must show the time and place of sale. The 
Commissioner of Agriculture, Commerce and Industries, however, may, in his 
discretion, release the feeding stuffs so withdrawn when the requirements of 
the provisions of this Article have been complied with and upon payment of 
all the costs or expenses incurred in any proceeding connected with such 
seizure and withdrawal. 

Civ. C. '22, § 3503; Civ. C. '12, § 2426; 1910, XXVI, 613; 1924, XXXIII, 10S4. 

§ 4446. Commissioner May Suspend Sales. — If at any time the Commis- 
sioner of Agriculture, Commerce and Industries, or his duly authorized rep- 
resentative, shall have reason to believe that any feeding stuff offered or ex- 
posed for sale in this State does not comply with the requirements of this 
Article as to the ingredients or substances of the same, it shall be his duty by 
written order to suspend the sale of the same until he shall have satisfied him- 
self, or shall be satisfied by an analysis, or otherwise, that such feeding stuff 
is made up or compounded as required by this Article. If he shall find that 
the same does not comply with this Article, then he is authorized to proceed 
with regard to the same as provided in Section 4445. 

Civ. C. '22, § 3504 ; Civ. C. '12, § 2427 ; 1910, XXVI, 613. 

§ 4447. Commissioner May Inspect and Take Samples Wherever Found. 

— The Commisioner of Agriculture, Commerce and Industries, together with 
his deputies, agents and assistants, shall have free access to all places of 
business, mills, buildings, vehicles, cars, vessel and packages of whatsoever 
kind used in the manufacture, importation or sale of any concentrated com- 
mercial feeding stuff, and shall have power and authority to open any pack- 
age containing or supposed to contain any concentrated commercial feeding 
stuff ; and upon tender and full payment of the selling price of said samples, 
take therefrom, in the manner hereinafter prescribed, samples for analysis; 



2205 Civil Code § 4448 

and he shall animally caused to be anlyzed at least one sample so taken of 
every concentrated commercial feeding stuff that is found, sold or offered or 
exposed for sale in this State under the provisions of this Article. Said 
samples, not less than one pound in weight, shall be taken from not less than 
ten bags or packages, or, if there be less than ten bags or packages, then the 
samples shall be taken from each bag or package, if it be in bag or package 
form, or, if such feeding stuff be in bulk, then it shall be taken from ten dif- 
ferent places of the lot. The Commissioner of Agriculture, Commerce and In- 
dustries is hereby authorized to publish from time to time in reports or 
bulletins the results of the analysis of such sample or samples, together with 
such additional information as circumstances advise : Provided, however, That 
if such a sample or samples as analyzed by the Commissioner of Agriculture, 
Commerce and Industries differ from the statement prescribed in Section 4439, 
then, at least thirty days before publishing the results of such analysis, the 
Commisisoner of Agriculture, Commerce and Industries shall give written no- 
tice of such results to the manufacturer, importer, agent or jobber of such 
stock, if the name and address of such manufacturer, jobber or importer be 
known: Provided, further. That if the analysis of any such sample does not 
differ substantially from the statement prescribed in Section 4439, appearing 
upon the goods, the manufacturer may be considered as having complied with 
the requirement of this Article. 

Civ. C. '22, § 3505 ; Civ. C. '12, § 2428 ; 1910, XXVI, 613. 

§ 4448. Commissioner to Publish Eegulations. — The Commissioner of Agri- 
culture, Commerce and Industries shall from time to time prescribe and pub- 
lish rules and regulations for carrying out the provisions of this Article. 

Civ. C. '22, § 3506 ; Civ. C. '12, § 2429 ; 1910, XXVI, 613. 

§ 4449. Prescribing- Rules and Regulations as to Grading. — The Commis- 
sioner of Agriculture, Commerce and Industries is authorized to prescribe rules 
and regulations governing the grading of any and all concentrated commercial 
feeding stuffs defined in Section 4440. 

Civ. C.' '22, § 3507 ; Civ. C. '12, § 2430 ; 1910, XXVI, 613. 

§ 4450. Commissioner to Notify Dealer and Solicitor. — Whenever the Com- 
missioner of Agriculture, Commerce and Industries, or his duly authorized rep- 
resentative, becomes cognizant of any violations of the provisions of this Article 
he shall immediately notify in writing the manufacturer, importer, jobber or 
dealer, if same be known, and after thirty days he shall notify the Circuit Solici- 
tor, who shall cause such person or persons so violating this Article to be prose- 
cuted in the manner required by law. 

Civ. C. '22, § 3508 ; Civ. C. '12, § 2431 ; 1910, XXVI, 613. 

§ 4451. Appropriation for Enforcing Provisions of This Article — Payment 
of Expenses. — There is hereby appropriated for the purpose of enforcing the 
provisions of this Article a sum not exceeding the amount of fees and fines col- 
lected, and moneys or proceeds derived from the seizure and sale of feeding 
stuffs under its provisions. Such expenses shall be paid by warrant of the Comp- 
troller General, upon itemized bills filed by the Commissioner of Agriculture, 
Commerce and Industries. All fees collected under the provisions of this Article 
shall be paid into the State Treasury on or before the tenth day of each month. 

Civ. C. '22, § 3509 ; Civ. C. '12, § 2432 ; 1910, XXVI, 613 ; 1915, XXIX, 142. 

§ 4452. Analysts and Inspectors. — The Commissioner of Agriculture, Com- 
merce and Industries shall appoint such analysts, chemists and inspectors as 
may be required to carry out the provisions of this Article, and any part of the 



§ 4453 Civil Code 2206 

labor of analysts and chemists, upon request of the Commissioner of Agriculture, 
Commerce and Industries, shall be performed by the South Carolina Experiment 
Station, with such compensation therefor as may be approved by the said Com- 
missioner of Agriculture, Commerce and Industries. Such inspectors shall also 
assist in the enforcement of the Pure Food and Drug Law of the State. 
Civ. C. '22, § 3510 ; Civ. C. '12, § 2433 ; 1910, XXVI, 613. 

§ 4453. Ingredients of Mixed Feeds to Be Shown in Addition to Analysis. 

— In addition to the analysis now required by law on all mixed feed sold within 
the State, or rules of the Commissioner of Agriculture, Commerce and Industries, 
there shall be included in such analysis a showing in full of each ingredient con- 
tained therein. 

Civ. C. '22, § 3511 ; 1920, XXXI, 1107. 

§ 4454. Penalty for Violation. — Any violation of the provisions of the 
preceding Section shall subject the offender to the same penalty now provided by 
law in case of failure to attach the analysis hereinbefore required. 

Civ. C. '22, § 3512 ; 1920, XXXI, 1107. 



ARTICLE 11 

Poultry Preparations 

4455. Sale of Poultry Preparations. 4459. Prosecution. 

4456. Registration Fee. 4460. Condimental Feedstuffs Fund. 

4457. Penalty. 4461. Effect of Article on Feedstuffs Law. 

4458. Enforcement by Commissioner of Ag- 
riculture. 

§ 4455. Sale of Patent Poultry Preparations, Etc. — Before any condimen- 
tal patented, proprietary or trade-marked "stock or poultry tonic," "stock or 
poultry regulator," "stock or poultry conditioner," "stock or poultry remedy," 
or any similar preparation, regardless of the specific name or title under which 
it is sold, which is represented as containing ' ' tonic, " " remedial' ' or other ' ' med- 
icinal" properties, either as sold, offered or exposed for sale in the State, the 
manufacturer, importer, dealer, agent or person who causes it to be sold or of- 
fered for sale, by sample or otherwise, within this State, shall file with the Com- 
missioner of Agriculture, Commerce and Industries a statement that he desires 
to offer such "stock or poultry tonic," "stock or poultry regulator, "stock or 
poultry conditioner," "stock or poultry remedy," or similar preparation for 
sale in this State, and also a certificate, the execution of which shall be sworn to 
before a Notary Public or other proper official for registration, stating the name 
of the manufacturer, the location of the principal office of the manufacturer, 
and the name, brand or trade-mark under which the said preparation or 
preparations will be sold, together with the guaranty that said preparation 
or preparations are not injurious to the health of domestic animals and that 
they do not conflict with tlie drug requirements of the South Carolina Pure 
Food and Drug Act, and that the name or trade-mark under which the 
article is sold shall not mislead or deceive the purchaser in any way ; also, that 
any statement, design or device on the label or package regarding the substances 
contained therein shall be true and correct, and any claim made for the feeding, 
condimental, tonic or medicinal value shall not be false or misleading in any par- 
ticular, and file with the Commissioner of Agriculture, Commerce and Industries 
a labeled package of each brand of goods, showing claims made for same, which 
labeling and claims shall not be changed during the fiscal year for which regis- 



2207 Civil Code § 4456 

tration is made without the consent of the Commissioner of Agriculture, Com- 
merce and Industries. 

Civ. C. '22, § 3513 ; 1914, XXVIII, 700. 

§ 4456. Registration Fee. — For the expense incurred in registering, in- 
specting and analyzing "stock or poultry tonics," "stock or poultry regulators," 
"stock or poultry conditioners," "stock or poultry remedies" and similar prep- 
arations defined in Section 4455, a registration fee of ten ($10.00) dollars for each 
separate brand, or in lieu thereof a maximum fee of fifty ($50.00) dollars per 
annum covering all brands made by a single manufacturer shall be paid by the 
manufacturers or sellers of same to the Commissioner of Agriculture, Commerce 
and Industries during the month of July, one thousand nine hundred and thir- 
teen, and during the month of January in each succeeding year, said fees to be 
used by the Commissioner of Agriculture, Commerce and Industries for execu- 
ting the provisions of this Article. 

Civ. C. '22, § 3514 ; 1914, XXVIII, 700. 

§ 4457. Penalty. — Any person, company, corporation, or agent that shall 
offer for sale or expose for sale any package or sample, or any quantity of condi- 
mental, patented, proprietary or trade-marked ' ' stock or poultry tonic, " " stock 
or poultry regulator," "stock or poultry conditioner," "stock or poultry rem- 
edy," or any similar preparation, regardless of the title under which it is sold, 
which has not been registered, but subsequently found by an analysis or examina- 
tion made by or under the direction of the Commissioner of Agriculture, Com- 
merce and Industries to violate any of the provisions of this Article, or to con- 
tain harmful or injurious substances, or to be labeled with false or misleading 
statements regarding the contents of curative properties of said "stock or poul- 
try tonic," "stock or poultry regulator," "stock or poultry conditioner," "stock 
or poultry remedy, " or any similar preparation, shall be deemed guilty of a mis- 
demeanor, and on conviction thereof shall be fined in the sum of fifty ($50.00) 
dollars for the first offense and in the sum of one hundred ($100.00) dollars for 
each subsequent offense. 

Civ. C. '22, § 3515 ; 1914, XXVIII, 700. 

§ 4458. Commissioner of Agriculture to Enforce Law. — Whenever the 
Commissioner of Agriculture, Commerce and Industries becomes cognizant of 
any violation of any of the provisions of this Article he shall immediately notify, 
in writing, the manufacturer, importer, jobber or dealer, if same be known. Any 
party so notified shall be given an opportunity to be heard, under such rules and 
regulations as may be prescribed by the Commissioner of Ag-riculture, Commerce 
and Industries ; and if it appears that any of the provisions of this Article have 
been violated the Commissioner of Agriculture, Commerce and Industries shall 
certify the fact to the Solicitor in the district in which said sample was obtained, 
and furnish that officer with a copy of the result of the analysis or other exami- 
nation of the said article, duly authenticated by the analyst or other officer mak- 
ing such examination under the oath of such officer. In all prosecutions arising 
under this Article the certificate of the analyst or other officer making the analy- 
sis or examination, when duly sworn to by such officer, shall be prima facie evi- 
dence of the fact or facts therein certified. 

Civ. C. '22, § 3516 ; 1914, XXVIII, 700. 

§ 4459. Solicitors to Prosecute. — It shall be the duty of every Solicitor to 
whom the Commissioner of Agriculture, Commerce and Industries shall report 
any violation of this Article to cause proceedings to be commenced and prose- 
cuted without delay for the fines and penalties in such cases prescribed. 

Civ. C. '22, § 3517 ; 1914, XXVIII, 700. 



§ 4460 Civil Code 2208 

§ 4460. Condimental Feedstuffs Fund — Commissioner of Agriculture. — 

All moneys, including fines received under the provisions of this Article, shall be 
paid into the State Treasury on or before the tenth day of each month as other 
funds and kept as a distinct fund, to be styled the "Condimental Feedstuffs 
Fund." The Commissioner of Agriculture, Commerce and Industries is author- 
ized to draw out of said fund, upon his warrants, such sums as may be necessary 
to pay all expenses incurred in connection with this Article, and he shall include 
. in his report to the General Assembly an account of the operations and expenses 
under this Article. 

Civ. C. '22, § 3518 ; 1914, XXVIII, 700 ; 1915, XXIX, 155. 

§ 4461. Not in Conflict With Feedstuffs Law. — This Article does not repeal 
any part of any concentrated commercial feeding stuif law which may be in effect 
in this State, but it is designed to fully cover all preparations commonly known 
as condimental, patented, proprietary or trade-marked ' ' stock or poultry tonic, ' ' 
"stock or poultry regulators," "stock or poultry conditioners," "stock or poul- 
try remedies," and all similar preparations used for "tonic," "regulative," 
"remedial" or "condition" purposes, and to protect the public from deception 
and fraud in the sale of these specific products. 

Civ. C. '22, § 3519 ; 1914, XXVIII, 700. 



ARTICLE 12 
Sale of Disinfectants 

4462. Marking of Commercial Disinfection. 4465. Sale of Unregistered Disinfectant. 

4463. Filing of Certificate and Sample. 4466. Procedure for Violations. 

4464. Registration Fees. 4467. Prosecution. 

4468. Commercial Disinfectant Fund. 

§ 4462. Marking of Commercial Disinfectants. — No commercial disinfect- 
ant, by its nature subject to the test hereinafter provided, be sold or offered for 
sale in South Carolina unless it have, plainly stamped upon the container, the 
coefficient strength as compared with pure phenol, the said coefficient to be deter- 
mined by the method employed by the Hygienic Laboratory of the United States 
Public Health Service, or the Redial Walker Method, 

Civ. C. '22, § 3520 ; 1919, XXXI, 114 ; 1920, XXXI, 1121. 

§ 4463. Certificate and Sample to Be Filed With Commissioner of Agricul- 
ture, Etc. — Before any commercial disinfectant either is sold, offered or ex- 
posed for sale in the State, the manufacturer, importer, dealer, agent or person 
who causes it to be sold or offered for sale, by sample or otherwise, within this 
State shall file with the Commissioner of Agriculture, Commerce and Industries 
a statement that he desires to offer such commercial disinfectants for sale in this 
State, and also a certificate, the execution of which shall be sworn to before a 
Notary Public or other proper official for registration, stating the name of 
the manufacturer, the location of the principal office of the manufacturer, and 
the name, brand or trade-mark under which the said preparation or preparations 
will be sold, together with the guaranty and that preparation or preparations 
meet the requirements of this Article, and that the name or trade-mark under 
which the article is sold shall not mislead or deceive the purchaser in any way; 
also, that any statement, design or device on the label or package regarding the 
substance therein shall be true and correct, and any claim made for the article 
shall not be false or misleading in any particular, and file with the Commissioner 
of Agriculture, Commerce and Indu.stries a labeled package of each brand of 



2209 Civil Code § 4464 

goods, showing claims made for same, which labeling and claim shall not be 
changed during the fiscal year for which registration is made without the con- 
sent of the Commissioner of Agriculture, Commerce and Industries, 
Civ. C. '22, § 3521 ; 1919, XXXI, 114. 

§ 4464. Registration Fees. — For the expense incurred in registering, in- 
specting and analyzing commercial disinfectants, a registration fee of ten ($10.00) 
dollars for each separate brand, or in lieu thereof a maximum fee of fifty ($50.00) 
dollars per annum, covering all brands made by a single manufacturer, shall be 
paid by the manufacturer or seller of same to the Commissioner of Agriculture, 
Commerce and Industries during the month of July, one thousand nine hundred 
and nineteen, and during the month of January in each succeeding year, said 
fees to be used by the Commissioner of Agriculture, Commerce and Industries 
for executing the provisions of this Article. 

Civ. C. '22, § 3522 ; 1919, XXXI, 114. 

§ 4465. Sale, Etc., of Unregistered Disinfectants a Misdemeanor — Penalty. 

— Any person, company, corporation or agent that shall offer for sale or expose 
for sale any package or sample or any quantity of any commercial disinfectant, 
or any similar preparation, regardless of the title under which it is sold, which 
has not been registered, but subsequently found by an analysis or examination 
made by or under the direction of the Commissioner of Agriculture, Commerce 
and Industries to violate any of the provisions of this Article, or to contain harm- 
ful or injurious substances, or to be labeled with false or misleading statements 
regarding contents thereof, shall be deemed guilty of a misdemeanor, and on con- 
viction thereof shall be fined in the sum of fifty ($50.00) dollars for the first 
offense and in the sum of one hundred ($100.00) dollars for each subsequent 
offense. 

Civ. C. '22, § 3523 ; 1919, XXXI, 114. 

§ 4466. Procedure Upon Violation of Article. — AVhenever the Commis- 
sioner of Agriculture, Commerce and Industries becomes cognizant of any vio- 
lation of any of the provisions of this Article he shall immediately by written 
order suspend the sale of the goods and notify, in writing, the manufacturer, 
importer, jobber or dealer, if the same be known. Any party so notified shall be 
given an opportunity to be heard, under such rules and regulations as may be 
prescribed by the Commissioner of Agriculture, Commerce and Industries; and 
if it appears that any of the provisions of this Article have been violated, the 
Commissioner of Agriculture, Commerce and Industries shall confiscate and de- 
stroy the goods, and certify the fact to the Solicitor in the district in which said 
sample was obtained, and furnish that officer with a copy of the results of the 
analysis or other examination of the said article, duly authenticated by the 
analyst or other officer making such examination under the oath of such officer. 
In all prosecutions arising under this Act the certificate of the analyst or other 
officer mB,king the analysis or examination, when duly sworn to by such officer, 
shall be prima facie evidence of the fact or facts therein certified. 

Civ. C. '22, § 3524 ; 1919. XXXI, 114. 

§ 4467. Solicitors to Prosecute. — It shall be the duty of every Solicitor to 
whom the Commissioner of Agriculture, Commerce and Industries shall report 
any violation of this Article to cause proceedings to be commenced and prosecu- 
ted without delay for the fines and penalties in such cases prescribed. 

Civ. C. '22, § 3525 ; 1919, XXXI, 114. 

§ 4468. Disposition of Moneys Received. — ^All moneys, including fines re- 
ceived under the provisions of this Article, shall be kept as a distinct fund, to be 



§ 4469 Civil Code 2210 

styled the "Commercial Disinfectant Fund," to be paid into the State Treasury 
at the end of each month; all checks or orders in payment for registration fees 
under this Article shall be made payable to the Commissioner of Agriculture, 
Commerce and Industries, who is authorized to draw out of said funds upon his 
warrant such sums as may be necessary to pay all expenses incurred in connec- 
tion with this Article, and he shall include in his report to the General Assembly 
an account of the operation and expenses under this Article. 
Civ. C. '22, § 3526 ; 1919, XXXI, 114. 



ARTICLE 13 

Bulk Sale of Merchandise 

4469. Bulk Sales of Merchandise, Fixtures. 4470. Mailing as Presumptive Notice, 
etc. 4471. Rules of Evidence not Affected. 

§ 4469. Bulk Sales of Merchandise, Fixtures, Etc., Regulated. — It shall be 
unlawful for any merchant, copartnership or corporation engaged in the buying 
and selling of merchandise while he, they or it is indebted to any person, persons 
or corporation, to sell his, their or its entire stock, fixtures, accounts, or notes re- 
ceivable, choses in action, or any property of whatever kind and description used 
in connection with his, their or its mercantile business, in bulk, or to sell the 
major portion thereof otherwise than in the ordinary course of trade, in the reg- 
ular and usual prosecution of the seller's business, and with the intention of ceas- 
ing to conduct said business in the same manner and at the same place as he, they 
or it has heretofore conducted the same, without first making a full and complete 
inventory of the merchandise, fixtures, accounts or notes receivable, choses in 
action, or any property of whatsoever kind and description used in connection 
with his, their or its mercantile business, so proposed to be sold, in which inven- 
tory the values shall be extended at the ruling wholesale price thereof and with- 
out further making a full, true and correct schedule of all such person, persons 
or corporations to whom he, they or it is indebted, stating therein the postoffice 
address of each of said creditors, and the amount owing to each of them; to 
which inventory and schedule there shall be attached the oath of the seller that 
the same is true and correct ; or if the seller shall assert that he, they or it is not 
indebted to any person or corporation he, they or it shall make affidavit to that 
effect and deliver the same to the purchaser, with the inventory, as hereinafter 
provided. The seller shall deliver said inventory and schedule to the proposed 
purchaser, and shall retain exact copies thereof in his, their or its own possession ; 
the seller and the purchaser shall each preserve such inventory, schedule and af- 
fidavit for the period of six months after such sale and purchase, and the same 
shall be open to the inspection of the creditors of the seller. Ten daysbefore such 
sale shall be consummated and before the purchaser takes possession of the mer- 
chandise, fixtures, accounts or notes receivable, choses in action, or any property 
of whatsoever kind and description used in connection with his, their or its mer- 
cantile business so proposed to be sold, the seller and proposed purchaser shall 
join in giving written or printed notice of the proposed sale and purchase of 
such merchandise, fixtures, accounts or notes receivable, choses in action, or any 
property whatsoever kind and description used in connection with his, their or 
its mercantile business, to each of the creditors named in such schedule; such 
notice may be delivered in person to such creditors, or transmitted to them by 
registered letter through the United States mail, by being deposited in the United 
States postoffice at the place where the seller has heretofore conducted business 



2211 Civil Code § 4470 

or nearest thereto, properly addressed to the respective creditors at the postoffiee 
address given in such schedule, with proper postage affixed; such notice shall 
state the aggregate value of the merchandise, fixtures, accounts or notes receiv- 
able, choses in action, or any property of whatsoever kind and description used 
in connection wi-th his, their or its mercantile business, proposed to be sold as 
shown by such inventory, the consideration to be paid therefor, and the time and 
manner of making such payment. If said seller shall fail to make such inventory 
of such merchandise, fixtures, accounts or notes receivable, choses in action, or 
any property of whatsoever kind and description used in connection with his, 
their or its mercantile business, or if such inventory shall fail to state the true 
value of said goods as above required, or if said seller shall fail to make such true 
schedule of creditors as hereinafter provided, and the purchaser shall have 
knowledge of that fact, or in the event the seller shall assert that there are no 
debts against him, them or it, if the purchaser shall fail to require the affidavit 
above provided, or if the seller and purchaser shall fail to give each of said cred- 
itors named in said schedule the notice above required in the manner above pro- 
vided, or if such notice shall not correctly state the amount of such merchandise, 
fixtures, accounts or notes receivable, choses in action, or any property of what- 
soever kind and description used in connection with his, their or its mercantile 
business proposed to be sold, and the consideration to be paid therefor, and the 
time and manner of making the same, then and in either of such events such 
sale shall prima facie be presumed to be fraudulent and void as against the cred- 
itors of such seller, and the merchandise, fixtures, accounts or notes receivable, 
choses in action, or any property of whatsoever kind and description used 
in connection with his, their or its mercantile business, in the hands of the 
purchaser, or any part thereof, if it shall be found in his, their or its hands, 
shall be liable to such creditors, and in the event the same or any part there- 
of shall be withdrawn by said purchaser, then the purchaser himself or itself 
personally shall also be held liable to said creditors of such seller to the ex- 
tent of the value of the merchandise, fixtures, accounts or notes receivable, 
choses in action, or any property of whatsoever kind and description used in 
connection with his, their or its mercantile business so received by him or it and 
thus withdrawn. 

Civ. C. '22, § 3527 ; Civ. C. '12, § 2434 ; 1906, XXV, 1 ; 1924, XXXIII, 981 ; 1926, XXXIV, 
963. 

§ 4470. Mailing Conclusive Presumption of Notice. — Whenever a notice, 
as provided in Section 4469, is sent by registered mail, the creditor or person to 
whom the notice is mailed shall be presumed conclusively to have received the 
notice, and the time of the notice shall be dated from the time of the mailing 
and registration, or actual service of said notice. 

Civ. C. '22, § 3528 ; Civ. C. '12, § 2435 ; 1906, XXV, 1. 

§ 4471. Not to Affect Rules of Evidence. — Except as expressly provided 
in the preceding Sections, nothing therein contained, nor any Act thereunder, 
shall change or affect the present rules of evidence or the present presumption 
of law. 

Civ. C. '22, § 3529 ; Civ. C. '12, § 2436 ; 1906, XXV, 1. 



§ 4472 Civil Code 2212 

ARTICLE 14 
Trusts, Monopolies and Unfair Competition 

4472. Illegal Trusts and Unfair Combina- 4482. Duty of Secretary of State, 
tions. 4483. Revocation of Charter. 

4473. 4489. Forfeiture of Charter. 4484. Duty of Attorney General. 

4474. Recovery of Damages. 4485, 4491, 4496. Provisions Cumulative. 

4475. Rights of Street Railway Employees. 4488. Transactions in Restraint of Trade. 

4476. Conspiracies in Restraint of Trade. 4490. Prosecution. 

4477. Definition of Monopoly. 4492. Discovery in Aid of Actions to En- 
4478-9, 4486-7. Unfair Competition. force Anti-Trust Laws. 

4480. Void Agreements. 4493. Order for Examination and Subpoena. 

4481. Enforcement of Article. 4494. Incriminating Testimony. 

4495. Powers of Referee. 

§ 4472. Trusts and Combinations Declared Against Public Policy. — All ar- 
rangements, contracts, agreements, trusts or combinations between two or more 
persons as individuals, firms or corporations, made with a view to lessen, or 
which tends to lessen, full and free competition in the importation or sale of 
articles imported into this State, or in the manufacture or sale of articles of do- 
mestic growth or of domestic raw material, and all arrangements, contracts, 
agreements, trusts or combinations between persons or corporations designed or 
which tend to advance, reduce or control the price or the cost to the producer 
or to the consumer of any such product or article, and all arrangements, con- 
tracts, trusts, syndicates, associations or combinations between two or more per- 
sons as individuals, firms, corporations, syndicates or associations, that may 
lessen or affect in any manner the full and free competition in any tariff, rates, 
tolls, premium or prices in any branch of trade, business or commerce, are hereby 
declared to be against public policy, unlawful and void. 

Civ. C. '22, § 3530 ; Civ. C. '12, § 2437 ; Civ. C. '02, § 2845 : 1897, XXII, 434. 

§ 4473. Charter of Corporation Violating This Article to Be Forfeited — 
How. — Whenever complaint is made upon sufficient affidavit or affidavits 
showing a prima facie case of violation of the provisions of Section 4472 by any 
corporation, domestic or foreign, it shall be the duty of the Attorney General 
to begin an action against such domestic corporation to forfeit its charter ; and 
for the purpose of such forfeiture he shall apply to any court of competent 
jurisdiction for an order restraining such offending corporation, and in cases 
where in his discretion it is necessary, for the immediate appointment of a re- 
ceiver for such offending corporation where such forfeiture affects a creditor or 
creditors of such offending company ; and in case such -^dolation shall be established 
the court shall adjudge the charter of such corporation to be forfeited, and such 
corporation shall be dissolved, and its charter shall cease and determine; and 
in the case of such showing as to a foreign corporation an action shall be begun 
by the Attorney General in said court against such corporation to determine the 
truth of such charge; and in case such charge shall be considered established, 
the effect of the judgment of the court shall be to deny to such corporation the 
recognition of its corporate existence in any court of law or equity in this State. 
But nothing in this Section shall be construed to affect any right of action then 
existing against such corporation. 

Civ. C. '22, § 3531; Civ. C. '12, § 2438; Civ. C. '02, § 2846; 1897, XXII, 434: 1902. XXIII, 
569. 

§ 4474. Injured Party May Recover Damages. — Any person or persons or 
corporations that may be injured or damaged by any such arrangement, contract, 
agreement, trust or combination described in Section 4472 may sue for and re- 
cover, in any court of competent jnrisdiction in this State, of any person, persons 



2213 Civil Code § 4475 

or corporation operating such trust or combination, the full consideration or sum. 
paid by him or them for any goods, wares, merchandise or articles the sale of 
which is controlled by such combination or trust. 

All Persons Compelled to Testify. — Any and all persons may be compelled 
to testify in any action or prosecution under Sections 4472 to 4474, inclusive; 
Provided, That such testimony shall not be used in any other action or prose- 
cution against such witness or witnesses, and such witness or witnesses shall for- 
ever be exempt from any prosecution for the act or acts concerning which he or 
they testify. 

Civ. C. '22, § 3532 ; Civ. C. '12, § 2439 ; Civ. C. '02, § 2847 ; 1897, XXII, 434. 

§ 4475. Rights and Remedies of Employees of Street Railways. — Every em- 
ployee of any street railwaj^ doing business in this State shall have the same 
rights and remedies for any injury suffered by any person from the acts of omis- 
sion of said corporation, or its employees, as are provided by the Constitution for 
employees of railroad corporatins. 

Civ. C. '22, § 3533 ; Civ. C. '12, § 2440 ; Civ. C. '02, § 2848 ; 1901, XXIII, 716. 

§ 4476. Conspiracies in Restraint of Trade Prohibited. — Any corporation 
organized under the laws of this or any other State or country, and transacting 
or conducting any kind of business in this State, or any partnership or individual, 
or other association of persons whatsoever, who shall create, enter into, become 
a member of or a party to any pool, trust, agreement, combination, confederation 
or understanding with any other corporation, partnership, individual or any other 
person or association of persons, to regulate or fix the price of any article of 
manufacture, mechanism, merchandise, commodity, convenience, repair, any prod- 
uct of mining, or any article or thing whatsoever, or to maintain said price 
when so regulated or fixed, or shall enter into, become a member of or a party 
to any pool, agreement, combination, contract, association or confederation to 
fix or limit the amount or quantity of any article of manufacture, mechanism, 
merchandise, commodity, convenience, repair, any product of mining, or any 
article or thing whatsoever, or the price or premium to be paid for insuring 
property against loss or damage by fire, lightning, storm, cyclone, tornado, or 
any other kind of policy issued by any corporation, partnership, individual, or 
association of persons aforesaid, shall be deemed and adjudged guilty of a con- 
spiracy to defraud, and to be subject to the penalties as provided by this Article. 

Civ. C. '22, 3534 ; Civ. C. '12, § 2441 ; 1902, XXIII. 1057. 

§ 4477. Monopolies Defined. — A ''monopoly" is any union, or combination, 
or consolidation, or affiliation of capital, credit, property, assets, trade, custom, 
skill or acts, or any other valuable thing or possession, by or between persons, 
firms or corporations, or associations of persons, firms or corporations, whereby 
any one of the purposes or objects mentioned in this Article is accomplished, or 
sought to be accomplished, or whereby anyone or more of said purposes are 
promoted, or attempted to be executed or carried out, or whereby the several 
results described herein are reasonably calculated to be produced ; and a ' ' mon- 
opoly" as thus defined and contemplated, includes not merely such combina- 
tions by and between two or more persons, firms or corporations acting for them- 
selves, but is especially defined and intended to include all aggregations, amal- 
gamations, affiliations, consolidations or incorporations of capital, skill, credit, 
assets, property, custom, trade, or other valuable thing or possession, whether 
effected by the ordinary methods of partnership or by actual union under the 
legal form of a corporation, or an incorporated body resulting from the union 
of one or more distinct firms or corporations, or by the purchase, acquisition 



§ 4478 CmL Code 2214 

or control of shares or certificates of stocks or bonds, or other corporate property 
or franchises, and all corporations or partnerships that have been or may be 
created by the consolidation or amalgamation of the separate capital, stock, 
bonds, assets, credit, properties, custom, trade or corporate or firm belongings 
of two or more firms or corporations or companies, are especially declared to 
constitute monopolies, within the meaning of this Article, if so created or en- 
tered into for any one or more of the purposes named in this Article; and a 
"monopoly," as defined in this Section, is hereby declared to be unlawful and 
against public policy; and any and all persons, firms, corporations or associa- 
tions of persons engaged therein shall be deemed and adjudged guilty of a con- 
spiracy to defraud, and shall be subject to the penalties prescribed in this 
Article. 

Civ. C. '22, § 3535 ; Civ. C. "12, § 2442 ; 1902, XXIII, 1057. 

§ 4478. Unlawful to Discriminate Unfairly to Destroy Competitor's Busi- 
ness. — Any person, firm, company, association or corporation, foreign or 
domestic, doing business in the State of South Carolina, and engaged in the 
production, manufacture or distribution of any commodity in general use, that 
for the purpose of injuring or destroying the business of a competitor in any 
town, village, city or locality discriminate between different purchasers of such 
commodity in general use in such village, town or cities in this State, or dis- 
criminate between such purchasers in different sections, communities, cities or 
towns of this State, by selling such commodity at a lower rate to one purchaser 
in the same city, town, section, community than is charged for said commodity 
by a person, firm, company, association or corporation in another section of said 
city, town, community or locality in this State, after making due allowance for 
the difference, if any, in the grade, or quality, and in the actual cost ()f trans- 
portation from the point of production, if a raw product, or from the point 
of manufacture, if a manufactured product, shall be deemed guilty of unfair 
discrimination, w^hich is hereby prohibited and declared to be unlawful: Pro- 
vided, That any plan, scheme, device or agreement which would take away or 
affect to an appreciable extent the business of a competitor and thus make it 
unreasonable financially for such competitor to compete with or meet the prices 
of such seller, shall be deemed and considered unfair discrimination under 
the terms of this Section, and each separate sale or transaction at the price or 
under the plan complained of shall be deemed a separate offense under the pro- 
visions of this Article : Provided, further. That all proceedings under this Sec- 
tion shall be brought in the manner hereinafter required and provided, tried in 
a court of competent jurisdiction in the same manner that proceedings at law 
are now tried and heard in such courts. 

Civ. C. '22, § 3536 ; Civ. C. '12, § 2443 ; 1909, XXVI, 19 ; 1927, XXXV. 115. - 

§ 4479. Penalty for Violation of Preceding Section. — Any person, firm, 
company, association, or corporation violating any of the provisions of this 
Article, and any officer, agent, or receiver of any firm, company, association, or 
corporation, or any member of the same, or any individual guilty of a violation 
thereof, shall be liable for a penalty of not less than five hundred dollars ($500), 
nor more than five thousand dollars ($5,000), to be recovered at the suit of the 
State in the Court of Common Pleas of any county in the State; the Attorney 
General may allow one-half of the penalties herein provided to anyone who may 
conduct the suit. 

Civ. C. '22, § 3537 ; Civ. '12, § 2444 ; 1909, XXVI, 19. 



2215 Civil Code § 4480 

§ 4480. Validity of Trust Agreements. — All contracts or agreements made 
in violation of any of the provisions of this Article shall be void. 
Civ. C. '22, § 3538 ; Civ. C. '12, § 2445 ; 1909, XXVI, 19. 

§ 4481. Attorney General to Enforce Law. — It shall be the duty of the 
Attorney General to enforce the provisions of this Article by appropriate ac- 
tions in courts of competent jurisdiction. 

Civ. C. '22, § 3539 ; Civ. C. '12, § 2446 ; 1909, XXVI, 19. 

§ 4482. Duty of Secretary of State. — If complaint shall be made to the 
Secretary of State that any corporation authorized to do business in this State 
is guilty of unfair discrimination within the terms of this Article, it shall be 
the duty of the Secretary of State to refer the matter to the Attorney General, 
who may, if the facts justify it, in his judgment, institute proceedings in the 
courts against such corporation. 

Civ. C. '22, § 3540 ; Civ. C. '12, § 2447 ; 1909, XXVI, 19. 

§ 4483. Charter of Guilty Corporation to Be Revoked. — If any corporation, 
foreign or domestic, authorized to do business in this State, is found guilty of 
unfair discrimination, within the terms of this Article, it shall be the duty of the 
Secretary of State to immediately revoke the permit of such corporation to do 
business in this State. 

Civ. C. '22, § 3541 ; Civ. C. '12, § 2448 ; 1909, XXVI, 19. 

§ 4484. Duty of Attorney General in Case of Continued Violation. — If, 

after revocation of its permit, such corporation, or any other corporation not 
having a permit and found guilty of having violated any of the provisions of 
this Article, shall continue or attempt to do business in this State, it shall be the 
duty of the Attorney General, by a proper suit in the name of the State of 
South Carolina, to oust such corporation from all business of every kind and 
character in this State. 

Civ. C. '22, § 3542 ; Civ. C. '12, § 2449 ; 1909, XXVI, 19. 

§ 4485. Other Law Not Repealed. — Nothing in this Article shall be con- 
strued as repealing any other laws, or parts of laws, but the remedies herein 
provided shall be cumulative to all other remedies provided by law. 

Civ. C. '22, § 3543 ; Civ. C. '12, § 2450 ; 1909, XXVI, 19. 

§ 4486. Sales at Less Than Cost of Manufacture, for Purpose of Injuring 
Competitors, Prohibited. — If any person, persons, company, partnership, as- 
sociation or corporation engaged in the manufacture, sale or distribution of 
any commodity in general use in this State shall, with the intent or purpose 
of driving out competition, or for the purpose of financially injuring com- 
petitors, sell at less than cost of manufacture, or at less than the cost of such 
commodity bought in the open markets plus the freight and other charges to 
point of destination, or give away such product for the purpose of driving out 
competition, or financially injuring competitors engaged in the manufacture, 
sale or distribution of such commodity in this State, said person, persons, com- 
pany, partnership, association or corporation resorting to this method of se- 
curing a monopoly in the manufacture, refining, sale or distribution of such 
commodity in this State, shall be deemed guilty of a conspiracy to form or se- 
cure a trust or monopoly in restraint of trade, and further deemed guilty of 
unfair discrimination, which is herebj^ prohibited and declared to be unlawful : 
Provided, That suit shall be brought in the manner hereinbefore provided in 
Section 4479 and the same penalties therein provided shall apply, and the At- 
torney General shall be authorized to proceed as provided in other Sections of 



§ 4487 Civil Code 2216 

this Article to enforce the provisions thereof : Provided, That each sale so proven 
under the provisions of this Section shall be considered a separate offense. 
Civ. C. '22, § 3544 ; Civ. C. '12, § 2451 ; 1902, XXIII, 1057 ; 1927, XXXV, 115. 

§ 4487. Penalty for Violation of Article. — ^Any person, partnership, firm 
or association, or any representative or agent thereof, or any corporation or 
company, or any officer, representative or agent thereof, violating any of the 
provisions of this Article, shall forfeit not less than two hundred dollars, nor 
more than five thousand dollars, for every such offense, and each daj^ such per- 
son, corporation, partnership or association shall continue to do so shall be a 
separate offense, the penalties in such cases to be recovered by an action in the 
name of the State, at the relation of the Attorney General or the Solicitor of the 
judicial Circuit within which the oft'ense was committed; the moneys thus 
collected to go into the State Treasury, and to become a part of the general 
fund except as hereinafter provided. The amount of the forfeit to be fixed by 
the Judge before whom the case is tried in each case, within the aforesaid limits ; 
the collection of which penalty shall be enforced as the collections of fines 
against defendants upon conviction of a misdemeanor. 

Civ. C. '22, § 3545 ; Civ. C. '12, § 2452 ; 1902, XXIII, 1057. 

§ 4488. Conspiracy to Defraud by Boycott, Etc., Limiting Competition in 
Trade. — If any two or more persons or corporations, who are engaged in buy- 
ing or selling any article of commerce, manufacture, mechanism, merchandise, 
commodity, convenience, repair, any product of mining or any article or thing 
whatsoever, shall enter into any pool, trust, agreement, combination, confedera- 
tion, association or understanding to control or limit the trade in any .such 
article or thing ; or to limit competition in such trade by refusing to buy from 
or sell to any other person or corporation any such article or thing aforesaid, 
for the reason that such other person or corporation is not a member of or a 
party to such pool, trust, agreement, combination, confederation, association or 
understanding ; or shall boycott or threaten any person or corporation for buy- 
ing from or selling to any other person or corporation who is not a member of 
or a party to such pool, trust, agreement, combination, confederation, associa- 
tion or understanding, any such article or thing aforesaid, it shall be a violation 
of this Article ; and any person, firm, corporation or association of persons com- 
mitting such violation shall be deemed and adjudged guilty of a conspiracy to 
defraud, and shall be subject to the penalties prescribed in this Article. 

Civ. C. '22, § 3546 ; Civ. C. '12, § 2453 ; 1902, XXIII, 1057. 

§ 4489. Forfeiture of Corporate Franchise or Right to Do Business. — Any 

corporation created or organized by or under the laws of this State which shall 
violate any of the provisions of the preceding Sections of this Article shall here- 
by forfeit its corporate rights and franchises; and its corporate existence shall, 
upon the proper proof being made thereof in any court of competent jurisdic- 
tion in the State, be by the court declared forfeited, void and of none effect, and 
shall thereupon cease and determine ; and any corporation created or organized 
by or under the law of any other State or country which shall violate an}' of the 
provisions of the preceding Sections of this Article shall thereby forfeit its 
right and privilege thereafter to do any business in this State ; and upon proper 
proof being made thereof in anj- court of competent jurisdiction in this State, 
its rights and privileges to do business in this State shall be declared forfeited; 
and in all proceedings to have such forfeiture declared, proof that any person 
who has been acting as agent of such foreign corporation in transacting its 
business in this State has been, while acting as such agent and in the name, be- 



2217 Civil Code § 4490 

half or interest of such foreign corporation, violating any provisions of the 
preceding Sections of this Article, shall be received as prima facie proof of the 
act of the corporation itself ; and it shall be the duty of the Clerk of said Court 
to certify the decree thereof to the Secretary of State. 
Civ. C. '22, § 3547 ; Civ. C. '12, § 2454 ; 1902, XXIII, 1057. 

§ 4490. Duty of Attorney General and Solicitors to Prosecute. — It shall be 
the duty of the Attorney General and the prosecuting attorney of each Circuit 
where the offense is committed, respectively, to enforce the provisions of this 
Article. The prosecuting attorney or Solicitor shall institute and conduct all 
suits begun in the Circuit Courts, and upon appeal the Attorney General shall 
prosecute said suits in the Supreme Court. 

Civ. C. '22, § 3548 ; Civ. C. '12, § 2455 ; 1902, XXIII, 1057. 

§ 4491. Provisions of Article Cumulative. — The provisions of the foregoing 
Sections, and the pains and penalties provided for violations of this Article 
shall be held and construed to be cumulative to all laws now in force in this 
State : And provided, That the provisions of this Article shall not exempt from. 
punishment or forfeiture any person, firm, association of persons or corporations 
who may have violated or offended against any law now in existence that may be 
or may be construed to be repealed by this Article or in conflict herewith : And 
provided, further, That nothing in this Article shall be deemed or construed to 
affect any suits or prosecutions now pending or hereafter to be instituted upon 
any course of action, forfeiture or penalty accruing or to accrue prior to the 
date of the taking effect of this Article, but all such rights to maintain, institute 
or prosecute all such causes of action are hereby reserved to the State in the 
same manner and with the same effect as if this law had not been passed. 

Civ. C. '22, § 3549 ; Civ. C. '12, § 2456 ; 1902, XXIII, 1057. 

§ 4492. Proceedings for Discovery in Aid of Actions to Enforce Anti-Trust 
Laws. — Whenever the Attorney General has determined to commence an ac- 
tion or proceeding, under the Act entitled "An Act to prohibit trusts and com- 
binations and to provide penalties," or any Acts amendatory thereto, or any 
Acts now or hereafter of force, relating to the prohibition or prevention of 
trusts, combinations or monopolies, or against corporations, foreign or domestic, 
for any violation of any Acts now or hereafter of force of this State, he may 
present to any Justice of the Supreme Court, or any Circuit Judge, either be- 
fore or after beginiiing such action or proceeding, an application in writing 
for an order directing the persons mentioned in the application to appear be- 
fore a Justice of the Supreme Court, a Circuit Judge, or a referee designated in 
such order, and answer such questions as may be put to them or to any of them, 
and produce such papers, documents and books concerning any alleged illegal 
contract, arrangement, agreement, trust, monopoly, or combination or corporate 
acts in violation of law ; and it shall be the duty of the Justice of the Supreme 
Court, or the Circuit Judge, to whom such application for the order is made, 
to grant such application. The application upon the proper showing of the 
necessity of such showing for such order made by the Attorney General niust 
show upon information and belief, or otherwise, that the testimony of such 
person or persons is material and necessary. The order shall be granted by the 
Justice of the Supreme Court, or the Circuit Judge, to whom the application 
has been made, with such preliminary injunction or stay as may appear to such 
Justice or Circuit Judge to be proper and expedient, and shall specify the time 
when, and place where, the witnesses are required to appear, and such examina- 
tion shall be held either in the City of Columbia or in the judicial district in 



§ 4493 Civil Code 2218 

which the witness resides, or in which the principal office, within this State, of 
the corporation affected is located. The Justice, Judge or referee may adjourn 
such examination from time to time, and witnesses must attend accordingly. 
The testimony of each witness must be subscribed by him, except in case the 
testimony be taken and subscribed by a sworn stenographer, and all such tes- 
timony must be filed in the office of the Clerk of the county in which such order 
for examination is filed. 

Civ. C. '22, § 3550 ; Civ. C. '12, § 2457 ; 1902, XXIII, 1061. 

§ 4493. Service of Order on Witness — Endorsement — Subpoena Duces 
Tecum. — The order for such examination must be signed by the Justice or 
Judge making it, and the service of a copy thereof, with an endorsement by 
the Attorney General, signed by him, to the effect that the person named there- 
in is required to appear and be examined at the time and place, and before the 
Justice, Circuit Judge or referee specified in such endorsement, shall be suf- 
ficient notice for the attendance of witnesses. Such endorsement may contain a 
clause requiring such person to produce on such examination all books, papers 
and documents in his possession, or under his control, relating to the subject of 
such examination. The order shall be served upon the person named in the en- 
dorsement aforesaid, by showing him the original order, and delivering to and 
leaving with him, at the same time, a copy thereof endorsed as above provided, 
and by paying or tendering to him the fee allowed to witnesses subpoenaed to 
attend trials of civil actions in a court of record in this State. 

Civ. C. '22, § 3551 ; Civ. C. '12, § 2458 ; 1902, XXIII, 1061. 

§ 4494. Witness Compelled to Give Testimony — Protected from Criminal 
Prosecution. — No person shall be excused from answering any questions that 
may be put to him, or from producing any books, papers or documents on the 
ground that the testimony or evidence, documentary or otherwise, required of 
him maj^ tend to incriminate him, but no person shall be prosecuted in any 
criminal action or proceedings, or subjected to any penalty or forfeiture for 
or on account of any transaction, matter or thing concerning which he may tes- 
tify, or produce evidence, documentary or otherwise, before said Justice, Judge 
or referee appointed in the order for his examination, or in obedience to the 
subpoena of the court, or referee acting under such order, or either of them, or 
in any such case of proceeding. 

Civ. C. '22, § 3552 ; Civ. C. '12, § 2459 ; 1902, XXIII, 1061. 

§ 4495. Powers of Eeferee. — A referee appointed as provided in this 
Article possesses all the powers and is subject to all the duties of a referee ap- 
pointed under the Code of Civil Procedure, so far as practicable, and may pun- 
ish for contempt a witness duly served as prescribed in this Article for non-at- 
tendance or refusal to be sworn or to testify, or to produce books, papers and 
documents according to the direction of the endorsements aforesaid, in the same 
manner and to the same extent as a referee appointed to hear, try and deter- 
mine an issue of fact or of law. 

Civ. C. '22, § 3553 ; Civ. C. '12, § 2460 ; 1902, XXIII, 1061. 

§ 4496. Article Cumulative. — This Article shall be deemed and taken as 
cumulative of all statutes of this State. 

Civ. C. '22, § 3554 ; Civ. C. '12, § 2461 ; 1902, XXIII, 1061. 



2219 Civil Code § 4497 

CHAPTER 46 
Weights, Measures, Grades and Brands 

Article 1. Weights and Measure, § 4497. 

Article 2. Containers, Grades and Brands of Fruit and Vegetables, § 4514. 



ARTICLE 1 
Weights and Measures 

4497. Weights and Measures of Named Measures, etc. 
Commodities. 4504. Possession of False Weiglits. 

4498. Federal Standards for Other Produce. 450.'>. Refusal to Allow Inspection. 

4499. Sales not in Accordance with Stand- 4506. Packages to Show net Contents, 
ards. 4507. Terms for Designation of Contents. 

4500. Docketing for Weight of Container. 4508. Sales in Reliance upon Labels. 

4501. Packing of Cornmeal. 4509-10. Definitions. 

4502. Inspection of Scales, Measures, etc. 4511. Mismarked Packages. 

4503. Procedure as to Incorrect Weights, 4512. Penalty for Violation. 

4513. Ofiicial Weights and Measures. 

§ 4497. Standard Weights and Measures of Sundry Commodities. — The 

following shall be the legal and uniform standard of weights and measures in 
this State for the sale and purchase of the following named products of the 
farm, orchard or garden, and articles of merchandise, to wit: 

Apples, green, shall be 21/2 bushels per barrel. 

Apples, green, shall be 50 pounds per bushel. 

Apples, dried, shall be 24 pounds per bushel. 

Apples, seed, shall be 40 pounds per bushel. 

Blue grass, seed, shall be 14 pounds per bushel. 

Beans, dried, shall be 60 pounds per bushel. 

Beans, green, in pods, shall be 30 pounds per bushel. 

Beans, green, in pods, shall be 2i/2 bushels per barrel. 

Beans, castor, shall be 46 pounds per bushel. 

Beets shall be 50 pounds per bushel. 

Blackberries shall be 48 pounds per bushel. 

Blackberries, dried, shall be 28 pounds per bushel. 

Bran shall be 20 pounds per bushel. 

Broom corn seed shall be 42 pounds per bushel. 

Buckwheat shall be 50 pounds per bushel. 

Barley shall be 48 pounds per bushel. 

Beef, net, shall be 200 pounds per barrel. 

Cane seed shall be 50 pounds per bushel. 

Carrots shall be 50 pounds per bushel. 

Cabbage shall be 50 pounds per bushel. 

Cherries, with stems, shall be 56 pounds per bushel. 

.Cherries, without stems, shall be 64 pounds per bushel. 

Corn, shelled, shall be 56 pounds per bushel. 

Corn in ear, shucked, shall be 70 pounds per bushel. 

Corn, in ears, with shucks, shall be 74 pounds per bushel. 

Corn, green, with shucks, shall be 100 pounds per bushel. 

Corn, green, with shucks, shall be 2i/^ bushels per barrel. ' 

Corn, matured, with shucks, shall be 5 bushels per barrel. 

Corn, pop, shelled, shall be 56 pounds per bushel. 



§ 4497 Civil Code 2220 

Cornmeal, unbolted, shall be 48 pounds per bushel. 

Cornmeal, bolted, shall be 48 pounds per bushel. 

Cucumbers shall be 48 pounds per bushel. 

Chestnuts shall be 50 pounds per bushel. 

Cement shall be 80 pounds per bushel. 

Coke shall be 40 pounds per bushel. 

Charcoal shall be 22 pounds per bushel. 

Coal, stone, shall be 80 pounds per bushel. 

Canary seed shall be 60 pounds per bushel. 

Clover seed, red and white, shall be 60 pounds per bushel. 

Cottonseed shall be 30 pounds per bushel. 

Cottonseed, long staple, shall be 30 pounds per bushel. 

Cranberries shall be 32 pounds per bushel. 

Currants shall be 40 pounds per bushel. 

Flaxseed shall be 56 pounds per bushel. 

Flour shall be 196 pounds per barrel. 

Fish shall be 200 pounds per barrel. 

Gooseberries shall be 48 pounds per bushel. 

Grapes, with stems, shall be 48 pounds per bushel. 

Grapes, without stems, shall be 60 pounds per bushel. 

Horseradish shall be 50 pounds per bushel. 

Hickory nuts shall be 50 pounds per bushel. 

Hair, plastering, shall be 8 pounds per bushel. 

Hominy shall be 62 pounds per bushel. 

Hungarian seed shall be 48 pounds per bushel. 

Hemp seed shall be 44 pounds per bushel. 

Kaffir corn shall be 56 pounds per bushel. 

Land plaster shall be 100 pounds per bushel. 

Lime, unslacked, shall be 80 pounds per bushel. 

Lime, slacked, shall be 40 pounds per bushel. 

Liquids shall be 42 gallons per barrel. 

Melon, cantaloupe, shall be 50 pounds per bushel. 

Melon, cantaloupe, shall be 2i/^ bushels per barrel. 

Millet, German, seed, shall be 50 pounds per bushel. 

Millet, Missouri, shall be 50 pounds per bushel. 

Millet, Tennessee, shall be 50 pounds per bushel. 

Orchard grass seed shall be 14 pounds per bushel. 

Osage orange seed shall be 33 pounds per bushel. 

Oats, seed, shall be 32 pounds per bushel. 

Onions, matured, shall be 56 pounds per bushel. 

Onions, top buttons, shall be 28 pounds per bushel. 

Onions, button sets, shall be 32 pounds per bushel. 

Parsnips shall be 50 pounds per bushel. 

Peas, dry, shall be 60 pounds per bushel. 

Peas, green, shall be 30 pounds per bushel. 

Peas, green, in hull, shall be 2i/2 bushels per barrel. 

Peaches, matured, shall be 50 pounds per bushel. 

Peaches, dried, shall be 25 pounds per bushel. 

Pears, matured, shall be 36 pounds per bushel. 

Pears, dried, shall be 26 pounds per bushel. 

Plums shall be 64 pounds per bushel. 

Pie plant shall be 50 pounds per bushel. 



2221 Civil Code § 4498 

Potatoes, Irisli, shall be 21/2 bushels per barrel. 

Potatoes, Irish, shall be 60 pounds per bushel. 

Potatoes, sweet, shall be 50 pounds per bushel. 

Potatoes, sweet, shall be 2i/^ bushels per barrel. 

Peanuts shall be 23 pounds per bushel. 

Pork, net, shall be 200 pounds per barrel. 

Quinces, matured, shall be 48 pounds per bushel. 

Eape seed shall be 50 pounds per bushel. 

Raspberries shall be 48 pounds per bushel. 

Rice, rough, shall be 44 pounds per bushel. 

Redtop shall be 14 pounds per bushel. 

Rutabagas shall be 60 pounds per bushel. 

Rye grass, Italian, seed, shall be 20 pounds per bushel. 

Rye meal shall be 50 pounds per bushel. 

Rye seed shall be 56 pounds per bushel. 

Sage shall be 4 pounds per bushel. 

Salt shall be 50 pounds per bushel. 

Sorghum molasses shall be 12 pounds per gallon. 

Sorghum seed shall be 50 pounds per bushel. 

Strawberries shall be 48 pounds per bushel. 

Salads, turnips, kale shall be 12 pounds per bushel. 

Salads, mustard, spinach, shall be 12 pounds per bushel. 

Turnips shall be 2I/2 bushels per barrel. 

Turnips shall be 50 pounds per bushel. 

Tomatoes shall be 56 pounds per bushel. 

Timothy seed shall be 45 pounds per bushel. 

Velvet grass seed shall be 7 pounds per bushel. 

Walnuts shall be 50 pounds per bushel. 

Wheat shall be 60 pounds per bushel. 

1923, XXXIII, 72. 

§ 4498. U. S. Standards Adopted for Other Produce — Packages. — Any 

article of produce from garden or farm not mentioned in Section 4497, shall be 
the same standard per bushel, or per gallon, as adopted and approved by the 
United States Government : Provided, further, That all packages of the articles 
enumerated in Section 4497 of this Article shall correspond in weight and meas- 
ures to the standards fixed in Section 4497. 
1923, XXXIII, 72. 

§ 4499. Sales not in Accordance with Standards Unlawful. — It shall be un- 
lawful to buy or sell any of the products of any farm, orchard or garden, or 
articles of merchandise mentioned in Section 4497, except in strict accordance 
with the standard weights and measures provided therein. 

1923, XXXIII, 72. 

§ 4500. Docking for Weight of Container without Allowance of Value 
Thereof Unlawful. — It shall be unlawful to dock any of the articles mentioned 
in Section 4497, delivered in good condition and in marketable form on account 
of keg or barrel or other receptacle, without allowing the value of same. 

1923, XXXIII, 72. 

§ 4501. Packing of Cornmeal, Etc. — Proviso. — It shall be unlawful for any 
person or persons to bag for sale, sell or offer for sale in this State any cornmeal 
or grits, except in bags or packages containing, by standard weight, two bushels, 



§ 4502 CmL Code 2222 

or one bushel, or one-half bushel, or one-fourth bushel, or one-eighth bushel, 
respectively; each bag or package of cornmeal shall have plainly printed or 
marked thereon whether the meal is bolted or unbolted, the amount it contains 
in bushels or fractions of a bushel, and the weight: Provided, The provisions in 
this Section shall not apply to the retailing of meal or grits except to con- 
sumers from bulk stock when priced and delivered by actual weight or measure. 
1923, XXXIII, 72. 

§ 4502. Inspection of Scales, Measures, Etc. — It shall be the duty of the 

Commissioner of Agriculture, Commerce and Industries or his duly authorized 
representatives to inspect as often as practical all weights, scales, beams, meas- 
ures of any kind, instruments or mechanical devices for weighing or measuring, 
and tools, appliances and accessories connected with any or all such instruments 
or measures used in trade in this State. The Commissioner or his duly authorized 
representatives for the purposes above mentioned, and in the general perform- 
ance of his duties, without formal warrant, may enter or go into or upon, any 
stand, place, building or premises or stop any vendor, peddler, junk dealer, 
driver of coal wagon or ice wagon or the driver of any wagon containing com- 
modities for sale or delivery and if necessary, require him to proceed to some 
place which the Commissioner or his agents may specify for the purpose of 
making proper tests. 
1923, XXXIII, 72. 

§ 4503. Procedure as to Incorrect Weights, Measures, Etc. — The Commis- 
sioner of Agriculture, Commerce and Industries or his duly authorized repre- 
sentatives shall condemn and seize and may destroy incorrect weights and meas- 
ures and weighing and measuring devices which in his best judgment are not 
susceptible of repair, but any weight, measure or weighing or measuring device 
which shall be found to be incorrect, but which in his best judgment are sus- 
ceptible of repair, he shall serve a written order upon the person or persons, 
firms or corporations in whose possession the inaccurate device is found for- 
bidding the use of such device, and shall attach thereto a seal, tag or statement 
stating the device is condemned. Also, he shall lock the weighing or measuring 
device in such a manner that it cannot be used. The Commissioner of Agricul- 
ture, Commerce and Industries, however, may in his discretion release the weigh- 
ing or measuring device so condemned and annul the restraining order when 
the requirements of the provisions of this Article have been complied with. The 
commission is hereby empowered and authorized to prescribe and issue such 
regulations as may be necessary for the proper enforcement of this Article and 
any person or persons who shall violate any regulation issued by the Commis- 
sioner shall be guilty of a violation of this Article. The owners or users of any 
weights or measures or weighing or measuring devices which have been marked 
condemned, and upon whom an order has been served forbidding the use of 
such weighing device as in this Section pro^dded, may neither use or dispose of 
the same in any way, or remove or allow to be removed any seal, tag or state- 
ment attached thereto by a representative of the Department of Agriculture, 
Commerce and Industries without the approval and consent of the Commissioner. 

1923, XXXIII, 72. 

§ 4504. Possession of False Weights, Etc., as Evidence — Seizure. — Posses- 
sion of any weight or measure or weighing or measuring device of any kind 
which appears to have been tampered with or altered in any manner whatsoever, 
so as to falsify any weight or measure or weighing or measuring device of any 
kind shall be prima facie evidence of the fact that it was intended to be used in 



2223 Civil Code § 4505 

violation of this Article : Provided, further, That any weight or measure or 
weighing or measuring device found upon inspection to have been tampered 
with or altered in any manner so as to falsify a weight or measure shall be 
seized and may be destroyed by the Commissioner or his agent acting under 
his instructions. 
1923, XXXIII, 72. 

§ 4505. Refusal to Allow Inspection a Violation of Article. — Any person, 
who by himself, or his employee, or as a proprietor or manager, shall refuse 
to exhibit any weight, measure or weighing or measuring device of any kind, 
or appliance or accessories connected with any or all such devices or measures 
which is in his possession or under his control, to the Commissioner of Agricul- 
ture, Commerce and Industries or his duly authorized representatives, for the 
purpose of allowing the same to be inspected and examined as in this Article 
provided, or who shall hinder or obstruct the inspector in the general perform- 
ance of official duties shall be deemed a violation of this Article. 

1923, XXXIII, 72. 

§ 4506. Packages to Show Net Contents. — Whenever any of the com- 
modities within the provisions of Section 4497, or any article of merchandise 
of any kind whatsoever, not specified in this Article are sold, or exposed for 
sale in packages or containers of any kind, the net quantity of the contents 
of thei package or container shall be plainly marked, branded, or otherwise 
indicated on the outside or top thereof or on a label or tag attached thereto. 

1923, XXXIII, 72. 

§ 4507. Terms in which Contents Shall Be Designated — When Article In- 
applicable. — The designation of the quantity of the commodity required in 
Section 4506 shall be in terms of weight, measure or numerical count, subject 
however to the following provisions: (a) The quantity of the contents so marked 
shall be the net amount of food or stuff or other commodity in the package 
or container, (b) If the designation is by weight it shall be in terms of 
avoirdupois pounds and ounces; if the designation is in liquid measure it shall 
be in terms of the United States gallon of two hundred and thirty-one cubic 
inches and its customary subdivisions, i. e., in gallons, quarts, pints or fluid 
ounces. 

(c) The quantity of solids shall be designated in terms of weight and of fluid 
in terms of measure, except in case of articles in respect to which there exists a 
definite trade custom; in such case the designation shall be in terms of weight, 
measure, or numerical count, in accordance with such custom. 

(d) The quantity of the contents shall be designated in terms of weight or 
measure, unless the container marked by numerical count gives accurate in- 
formation as to the quantity of the food or other commodity in the package. 
When the designation is by numerical count it shall be in English words or 
Arabic numerals. 

(e) The quantity of the contents may be stated in terms of minimum count, 
but in such cases the designation must approximate the actual quantity and 
there shall be no tolerance below the minimum. 

(f) The quantity of viscous or semi-solid foods, or of a mixture of solids 
and liquids, may be stated in terms of weight and measure. When products are 
packed in brine or other preserving fluids, the weight or measure of such brine 
or fluids shall not be included in the weight or measure of the edible or com- 
modity indicated on the container. 

The provisions of this Article shall not apply: 



§ 4508 Civil Code 2224 

(a) To any sale of any commodity within tlie provisions of this Section when 
such sale is made from bulk and the quantity is weighed, measured or counted 
for the immediate purpose of such sale. 

(b) To a sale of any container of an ornamental or symbolic character with 
which a quantity of some commodity is sold as merely incidental. 

(c) To a sale of a commodity in any container of a net weight of two ounces 
or less, or of a commodity of any container of a measure two fluid ounces or less, 
or of a commodity of any container of a numerical count of six or less. 

(d) To the sale of medicine when prescribed by licensed physician,, veterina- 
rian or dentist; or to medicinal or pharmaceutical preparations or mixtures of 
two or more medicinal substances. 

1923, XXXIII, 72. 

§ 4508. Sales in Reliance upon Labels on Packages — Proviso. — It shall not 
be held to be a violation of the pro^-isions of this Article when a commodity in 
a container is sold, or offered or exposed for sale, and there is a discrepancy 
between the actual quantity of the commodity in said container and the net quan- 
tity of the contents thereof indicated on the container as herein prescribed: 
Provided, That the seller purchased said commodity in said container in good 
faith, relying upon the said indication of the net contents thereof, and sold said 
commodity in said container without altering the contents thereof or the indi- 
cation of the contents thereof: And provided, further. That the exemption of 
this Section shall not apply to any sale unless the container had the name of a 
packer, manufacturer, wholesaler or jobber thereon at the time the seller pur- 
chased it. 

1923, XXXIII, 72. 

§ 4509. Meaning of Term "Person." — The term of person used in this 
Article shall include every person, firm, company, copartnership, society, associa- 
tion and corporation. 

1923, XXXIII, 72. 

§ 4510. Meaning of Term "Container" — Proviso. — The term container 
used in this Article is hereby defined to be any receptacle or carton into which 
a commodity is packed, or any wrappings with which any commodity is wrapped 
or put up for sale : Provided, That where individual packages or containers, prop- 
erly labeled to comply with this Article are packed in an outside case or carton 
for convenience in shipping or handling, the term "container" shall not be con- 
strued to include or apply to such outside case or carton. No containers, boxes 
or baskets wherein food products or other commodities are packed shall have a 
false bottom, or be so constructed as to facilitate the perpetration of deception or 
fraud. 

1923, XXXIII, 72. 

§ 4511. Exposure for Sale of Mis-marked Packages as Evidence. — Any 

person who by himself or by his servant or agent, or as the servant or agent of 
another, shall offer or expose for sale, sell for use, any commodity, package, 
article or thing less than the quantity he represents, then such commodity, pack- 
age, article or thing shall be prhmi facie evidence of the fact that it was intended 
to be sold, or proof of such shall be deemed a violation of this Article. 
1923, XXXIII, 72. 

§ 4512. Penalty for Violation.— Every person, who by himself or his agent, 
servant or employee \dolates or causes or permits to be violated any of the pro- 
visions of this Article shall be guilty of a misdemeanor, and upon conviction 
shall be fined not less than $25.00 nor more than $100.00, or shall be imprisoned 



2225 Civil Code § 4513 

in the county jail for a term not to exceed thirty days. Each and every instance 
shall constitute a separate offense : Provided, That for any second or successive 
offense the punishment shall be by fine or imprisonment, or both, in the discre- 
tion of the court. 

1923, XXXIII, 72; 1930, XXXVI, 1366. 

§ 4513. Official Weights and Measures. — Such weights and measures as 
have been or may hereafter be furnished this State, or such weights and measures 
as have been or may hereafter be approved by the Government of the United 
States, shall be kept by the Commissioner of Agriculture, Commerce and Indus- 
tries; and the said weights and measures shall be deemed and taken to be the 
standard weights and measures by which all the weights and measures in this 
State shall be regulated: Provided, further. That all tolerance now in effect or 
which may hereafter be established pursuant to the provisions of this Article 
shall be the same as now in effect or hereafter may be adopted or approved by the 
United States Government. 

1923, XXXIII, 72. 



ARTICLE 2 

Containers, Grades and Brands of Fruits and Vegetables 

4514. Establishment of Standards. 4520. Appeals from Classification of Prod- 
4515-7. Divisions of Markets of Extension nets. 

Service. 4521. Regulations by Division of Markets. 

4518. Packing of Farm Products to Con- 4522-3. Violations and Penalties, 
form to Standards. 4524. Construction of Article. 

4519. Inspection and Certificate of Inspec- 4525-7. Grading of Watermelons in Car 
tion. Lot Shipments. 

§ 4514. Purpose of Article. — The purpose of this Article is to give au- 
thority to investigate marketing conditions and to establish and maintain stand- 
ard containers and grades and State brands for fresh fruits and vegetables in 
the State of South Carolina. 

Civ. C. '22, § 3569 ; 1921, XXXII, 264. 

§ 4515. Division of Markets of Extension Service Charged With Execution 
— To Be Without Expense to the State. — The Division of Markets of the Ex- 
tension Service is charged with the execution of the provisions of this Article, 
and has authority to employ such agents and assistants as may be necessary, fix 
their compensation and define their duties, and require bonds in such amount as 
the Chief of the Division of Markets deems advisable, conditioned upon the faith- 
ful performance of duties by any employee or agent : Provided, That no said 
compensation, or other expenses involved in the execution of this Article, shall 
be a charge against the State. 

Civ. C. '22, § 3570; 1921, XXXII, 264. 

§ 4516. Division of Markets to Assist in Marketing Farm Products. — It 

shall be the duty of the Division of Markets of the Extension Service to investi- 
gate the subject of marketing farm products, to diffuse useful information rela- 
ting thereto, and to furnish advice and assistance to the public in order to pro- 
mote efficient and economical methods of marketing farm products, and authority 
is hereby given to gather and diffuse timely information concerning the supply, 
demand, prevailing prices and commercial movement of farm products, including 
quantities in common and cold storage, and may interchange such information 
with the United States Department of Agriculture. 
Civ. C. '22, § 3571; 1921, XXXII, 264. 



§ 4517 Civil Code 2226 

§ 4517. Division of Markets May Establish Standards of Containers, 
Grades, Etc. — May Regulate Use of Brands, Etc. — After investigation, and 
from time to time as mar be practicable and advisable, the Division of Markets 
of the Extension Service shall have authority- to establish and promulgate stand- 
ards of open and closed receptacles for, and standards for the grade and other 
classification of farm products, by which their quantity, quality and value may 
be determined, and prescribe and promulgate rules and regulations governing 
the marks, brands and labels which may be required for receptacles for farm 
products, for the purpose of showing the name and address of the producer or 
packer; the quantity, nature and quality of the product, or any of them, and 
for the purpose of preventing deception in reference thereto, and for the pur- 
pose of establishing a State brand for any farm product produced in South 
Carolina : Provided, That any standard for any farm product or receptacle there- 
for, or any requirement for marketing receptacles for farm products, now or 
hereafter established under authority of the Congress of the United States, shall 
forthwith, as far as applicable, be established or prescribed and promulgated as 
the official standard of requirement in this State: Provided, further, That no 
standard established or requirement for marketing prescribed under this Article 
shall become effective until the expiration of thirty days after it shall have been 
promulgated. 

Civ. C. '22, § 3572 ; 1921. XXXII, 264. 

§ 4518. Packing of Farm Products for Sale to Conform to Grades, Re- 
ceptacles, Etc. — Provisos — Exceptions. — Whenever any standard for the grade 
or other classification of any farm product becomes effective under this Article 
no person thereafter shall pack for sale, offer to sell, or sell within this State any 
such farm product to which such standard is applicable, unless it conforms to the 
standard, subject to such reasonable variations therefrom as may be allowed in 
the rules and regulations made under this Article: Provided, That any farm 
product may be packed for sale, offered for sale, or sold, without conforming to 
the standard for grade or other classification applicable thereto, if it is especially 
described as not graded or plainly marked "Not graded.'" Whenever any stand- 
ard for an open or closed receptacle for a farm product shaU be made effective 
under this Article no person shall pack for sale in and deliver in a receptacle, 
or sell in and deliver in a receptacle, any such farm product to which such stand- 
ard is applicable, unless the receptacle conforms to the standard, subject to such 
variations therefrom as may be allowed in the rules and regulations made under 
this Article: Provided, That the requirement as to receptacle shall not apply to 
produce sold or offered for sale in less than car lots. Whenever any requirement 
for the marketing, branding or labeling of a receptacle for a farm product be- 
comes effective under this Article, no person thereafter shall pack for sale, offer 
for sale, consign for sale, or sell and deliver any such farm product in a recep- 
tacle to which such requirement is applicable, unless the receptacle be marked, 
branded or labeled according to such requirement, or unless such product be 
brought from outside the State and offered for sale, consigned for sale, or sold in 
the original package. The Chief of the Division of Markets is authorized at any 
time to cause such inspections and classifications to be made and such certificates 
to be issued, as he may deem necessary to enforce the provisions of this Article. 
Such inspections to be made without charge only when no request is made by 
grower, shipper, receiver or any other party, and inspection is made for the pur- 
pose of demonstration or for enforcing the provisions of this Article. 

Civ. C. '22, § 3573; 1921, XXXII, 264. 



2227 Civil Code § 4519 

§ 4519. Designation and License of Inspectors — Inspections — Certificates 
of Inspection. — The Chief of the Division of Markets may designate any com- 
petent employee or agent of the Division of Markets, and upon satisfactory evi- 
dence of competency, may license any other person to make, upon request, in- 
spections and classifications of farm products in accordance with standards which 
have become effective under this Article, both at shipping points and at designa- 
tion points when within the State. Inspections may be made in car lots or less 
than car lots, and of products loaded in cars or of products not in cars. The fee 
to be charged shall be determined by the Chief of the Division of Markets, and 
the fee for the inspection of a car or less than a car shall in no case exceed $5.00. 
When any such inspection and classification is made, blank forms of certificates 
shall be furnished by the Division of Markets to all State Inspectors, to 
be filled out by them to accompany each car load or less than car load of 
fruits and vegetables to market or to cover any produce inspected at destination. 
Where State inspection is enforced, said certificate shall name the time, and 
grade of fruits and vegetables, and contain such other information as may be 
required by the Chief of the Division of Markets to be shown in the certificate, 
together with the words, ''Graded and packed under State inspection." The 
Chief of the Division of Markets is authorized to fix, assess and collect, or cause 
to be collected, fees from such services when they are performed by employees 
or agents of the Division of Markets. License Inspectors may charge and collect 
as compensation for their services only such fees as may be approved by the 
Division of Markets. The Chief of the Division of Markets may suspend or revoke 
any license whenever, after opportunity for a hearing has been afforded to the 
licensee, the Chief of the Division of Markets shall determine that such licensee 
is incompetent, or has knowingly or carelessly failed to classify any farm product 
correctly in accordance with such standards or has violated any provision of this 
Article or of the regulations made hereunder. Pending investigation the Chief 
of the Division of Markets may suspend a license temporarily without a hear- 
ing. 

Civ. C. '22, § 3574; 1921, XXXII, 264; 1924, XXXIII. 1118. 

§ 4520. Appeals from Classification of Products. — The owner or person in 
possession of any farm product classified in accordance with the provisions of 
this Article may appeal from such classification under such rules and regula- 
tions as the Division of Markets may prescribe. 

Civ. C. '22, § 3575; 1921, XXXII, 264. 

§ 4521. Division of Markets to Make Rules, Etc.— To Conform to U. S. 
RegTilations. — The Division of Markets is authorized to make and promulgate 
such rules and regulations as may be necessary to carry out the provisions of this 
Article. Such rules and regulations shall be made to conform as nearly as practi- 
cable to the rules and regulations of the Secretary of Agriculture of the United 
States prescribed under any Act of Congress of the United States relating to the 
marketing of farm products. 

Civ. C. '22, § 3576; 1921, XXXII, 264. . 

§ 4522. Violation of Article or Interference With Inspector, a Misde- 
meanor. — Any person who violates any provisions of this Article, or of the 
rules and regulations made under the Article for carrying out its provisions, or 
fails or refuses to comply with any of the requirements thereof, or who wilfully 
interferes with agents or employees in the execution or on account of the execu- 
tion of his or their duties, shall be guilty of a misdemeanor. 

Civ. C. '22, § 8577 ; 1921, XXXII, 264. 



§ 4523 Civil Code 2228 

§ 4523. Penalty for Violation. — Any person convicted of a misdemeanor 
under this Article shall be punished by a fine of not more than one hundred 
($100.00) dollars, or by imprisonment in the county jail for not more than thirty 
days, or by both such fine and imprisonment, in the discretion of the court. 

Civ. C. '22, § 3578 ; 1921, XXXII, 264. 

§ 4524. Invalidity of Part of Article, Not to Affect Remainder— Construc- 
tion of Article. — If any part of this Article be declared unconstitutional by 
any court of competent jurisdiction, the validity of the remaining part or parts 
of the Article shall not thereby be affected or impaired. This Article shall not be 
construed so as to conflict with any Statute of the United States regulating com- 
merce among the several States, or in any place under the exclusive jurisdiction 
of the United States. 

Civ. C. '22, § 3579 ; 1921, XXXII, 264. 

§ 4525. Certificate as to Grading- of Watermelons in Car Lot Shipments — 
Contents — Disposal of Certificates — Bill of Lading. — The shippers of water- 
melons in car lots from any point within this State, before applying to any rail- 
road, railway, common carrier or agent thereof for a bill of lading for any such 
shipment shall first certify whether or not said watermelons contained in said 
shipment have been graded according to the standard of grades hereinafter pro- 
vided, which certificate shall be made in writing on appropriate paper or card- 
board, signed by the shipper in the presence of two disinterested witnesses and 
stating the variety, grade and number of melons contained in said car, the date 
said melons were picked and the date loaded, or if not graded, shall so state, 
which certificate shall be securely nailed to the inside of said car near the door ; 
and a duplicate of said certificate shall be furnished to carrier's agent; that the 
agent of the railroad, railway or other common carrier shall incorporate in its 
bill of lading the fact that said duplicate certificate had been delivered to him 
by the shipper certifying that said car contains melons of a certain grade or 
melons of no grade, according to representation made in the aforesaid certificate. 

1927, XXXV, 294. 

§ 4526. Standard of Grading — Grading Optional. — All watermelons ship- 
ped in car lots from any point within this State as "Graded Melons" shall be 
graded according to the following standard, that is to say : 

Grade 1 shall weigh not less than 44 pounds with car average of not less than 
46 pounds. 

Grade 2 shall weigh not less than 40 pounds with car average of not less than 
42 pounds. 

Grade 3 shall weigh not less than 36 pounds with car average of not less than 
38 pounds. 

Grade 4 shall weigh not less than 32 pounds with car average of not less than 
34 pounds. 

Grade 5 shall weigh not less than 28 pounds with car average of not less than 
30 pounds. 

Grade 6 shall weigh not less than 24 pounds Avith car average of not less than 
■ 26 pounds. 

Grade 7 shall weigh not less than 20 pounds with car average of not less than 
22 pounds. 

Provided, That said melons of whatever grade shall have been picked from 
live vines of a merchantable quality, shall be ripe, free from rotten ends, free 

\ 



2229 Civil Code § 4527 

from necks and blisters : Provided, further, That the grading of watermelons, as 
aforesaid, shall be optional with the shippers. 
1927, XXXV, 294. 

§ 4527. Penalty for Violation of Act or False Certificate. — Any person or 
persons who shall ship, or undertake to ship, watermelons in car lots from any 
point within this State in violation of the provisions of Sections 4525 to 4527, 
or who shall sign, or cause to be signed, any false certificate as to the grade and 
kind of melons shipped, as aforesaid, shall be deemed guilty of a misdemeanor 
and upon conviction shall be punished by fine or imprisonment, or both fine and 
imprisonment, in the discretion of the court. 

1927, XXXV, 294. 



CHAPTER 47 
Board of Exports and Marketing 

4528. Personnel of Board. 4532. Powers of Board of Exports and Mar- 

4529. Formation and Powers of Exporting keting. 

Corporations. • 4533. Disposition of Earnings of Export 

4530. Capital Stock. Corporations. 

4531. Selection of Directors and OflBcers. 

§ 4528. Board of Exports and Marketing — Personnel — Appropriation. — A 

Board of Exports and Marketing is hereby created, which shall consist of five 
members, including the State Cotton Warehouse Commissioner and the Com- 
missioner of Agriculture, Commerce and Industries, who shall be members ex 
officio, and three other members to be appointed by the Governor (by and with 
the advice and consent of the Senate). Of the three appointed members one shall 
be a person experienced in banking or finance, and one shall have been actively 
engaged in the mercantile business in the State of South Carolina for at least 
two years prior to his appointment. The Governor shall designate one of the five 
members as president of the Board. The president shall be the chief executive 
officer of the Board. Twenty-five hundred ($2,500) dollars is hereby appropri- 
ated to defray the expenses of the organization of the Board of Exports. 
Civ. C. '22, § 3962; 1919, XXXI, 265. 

§ 4529. Formation of Exporting Corporations — Powers. — Corporations to 
be organized for the purpose of engaging principally in the business of exporting 
commodities from the United States to foreign countries or to dependencies or 
insular possessions of the United States may be formed with the permission of 
the Board of Exports and Marketing by any number of natural persons, not 
less in any case than five. Such persons shall enter into articles of association, 
which shall specify in general terms the object for which the association is 
formed, and may contain any other provisions not inconsistent with law which 
the association msiy see fit to adopt for the regulation of its business and the 
conduct of its affairs. These articles shall be signed by the persons uniting to 
form the association, and a copy of them shall be forwarded to the Board of 
Exports and Marketing, to be filed and preserved with its records. The persons 
uniting to form such association shall under their hands make an organization 
certificate which shall specifically state : 

(1) The name assumed by such association, which name shall be subject to 
the approval of the Board of Exports and Marketing. 

(2) The place or places where its operations are to be carried on. 

(3) The place in the United States where its main office shall be located. 



§ 4529 Civil Code 2230 

(4) The amount of its capital stock, and the number and classes of shares 
into which the same shall be divided. 

(5) The names and places of residence or business of the shareholders and 
the number of shares held by each. 

(6) The fact that the certificate is made to enable such persons to avail them- 
selves of the advantages of this Article. 

The organization certificate shall be acknowledged before a Judge of a Court 
of record or a Notary Public, and shall be, together with the acknowledgment 
thereof, authenticated by the seal of such Court or Notary, transmitted to the 
Board of Exports and Marketing, which shall record and carefully preserve 
the same in its records. 

Upon duly making and filing the articles of association and an organization 
certificate, as provided in this Section, the corporation shall become as from the 
date of its execution of the organization certificate a body corporate, and as 
such and in the name designated in the organization certificate it shall have 
power under such conditions and regulations as the Board of Exports and 
Marketing may prescribe : 

(1) To adopt and use a corporate seal. 

(2) To have succession for such period of time as may be specified in its 
organization certificate. 

(3) To make contracts. 

(4) To sue and to be sued, complain and defend, in any Court of law or 
equity. 

(5) To prescribe, by its board -of directors, by-laws not inconsistent with the 
law regulating the manner in which its general business may be conducted and 
the privileges granted to it by law may be exercised and enjoyed. 

(6) To purchase for export or to lend on the security of cotton, tobacco or 
any other staple commodity. 

(7) To purchase or own and to lease warehouses and to conduct a general 
warehouse business. 

(8) To accept drafts or bills of exchange drawn in transactions which in- 
volve an exportation of goods or which involve the domestic shipment of goods 
or which are secured by warehouse receipt or other such document conveying 
or securing the title to readily marketable staples : Provided, however, That all 
such goods represented by shipping documents, warehouse receipts or other 
documents are intended for export. 

(9) To extend credit or make loans to foreign purchasers of goods exported 
from the United States. 

(10) To purchase and own or to lease and operate steamships or other vessels 
engaged in international trade. 

(11) To own stock in other corporations Avhich are engaged in business of 
exporting goods from the United States. 

(12) To purchase and hold real estate necessary for the conduct of its busi- 
ness. 

(13) To act as the broker or sales agent of any person in the United States 
engaged in exporting goods from the United States. 

(14) To issue, in payment of cotton or other commodities purchased, ne- 
gotiable certificates of beneficial interest in series, the net profits earned on the 
sale of all such commodities represented by certificates of any one series to be 
distributed pro rata among the holders of such certificates. 

(15) To issue cargoes of goods exported from the United States. 



2231 . Civil Code § 4530 

(16) To exercise, by its board of directors or duly authorized officers or 
agents, all powers specifically granted by the provisions of this Section and such 
incidental powers as shall be necessary to carry on the business of exporting 
within the limitations prescribed by this Section. 

Such corporation shall not engage in any business except such as is incidental 
and necessary preliminary to its organization until it has been authorized by 
the Board of Exports and Marketing to commence business. 

Civ. C. '22, § 3963; 1919, XXXI, 265. 

§ 4530. Capital Stock. — The capital stock of such corporation may be 
divided into shares of such denomination and into such classes as are specified 
in its organization certificate, and under regulations to be prescribed by the 
Board of Exports and Marketing provisions may be made from time to time for 
the increase or reduction of the outstanding capital. 

Civ. C. '22, § 3964; 1919, XXXI, 265. 

§ 4531. Selection of Directors of Exporting" Corporations — Officers. — The 

affairs of the corporation shall be conducted under the general supervision and 
control of a board of directors consisting of seven members, three of which shall 
be appointed by the Board of Exports and Marketing and four of which shall 
be elected by the stockholders. The directors first appointed or elected shall serve 
for term from one to seven years, respectively, and thereafter each member so 
appointed shall serve for a term of seven years, unless sooner removed for cause 
by the Board of Exports and Marketing. 

The directors shall annually elect a president, vice-president, secretary and 
treasurer, and such other officers as they may deem necessary, and to fix the 
salaries of officers so elected, prescribe their duties and terms of office. 

Civ. C. '22, § 3965; 1919, XXXI, 265. 

§ 4532. Powers of Board of Exports and Marketing. — The Board of Ex- 
ports and Marketing shall be authorized and empowered: (a) To examine, at 
its discretion, the accounts, books and affairs of each exports corporation and 
to require such statements and reports as it may deem necessary, (b) To re- 
quire the writing off of doubtful or worthless assets upon the books and bal- 
ance sheets of the exports corporation, (c) To prescribe regulations governing 
the issuance of negotiable warehouse receipts, certificates of beneficial interest 
and the acceptance of drafts or bills of exchange, (d) To exercise general su- 
pervision over the operations of such exports corporations, (e) To employ such 
attorneys, experts, assistants, clerks or other employees as may be necessary to 
conduct the business of the Board, all salaries and fees to be fixed in advance by 
said Board of Exports and Marketing. 

Civ. C. '22, § 3966; 1919, XXXI, 265. 

§ 4533. Disposition of Net Earnings of Export Corporations. — After all 
necessary expenses of the corporation have been paid or provided for, ten per 
cent, of net earnings remaining shall be paid to the Board of Exports and 
Marketing for its expenses and fifteen per cent, to the State in lieu of a fran- 
chise tax and in lieu of all taxes on the capital stock and assets of the corpora- 
tion. This fund shall be used, so far as is necessary, to reimburse the State for 
appropriations made for the expenses of the Board of Exports and Marketing. 
Of the remaining seventy-five per cent., twenty per cent, shall be paid into the 
surplus fund until that fund equals twenty-five per cent, of the outstanding 
capital stock. The balance may be distributed by the board of directors as 
dividends on the capital stock. 

Civ. C. '22, § 3967; 1919, XXXI, 265. 



§ 4534 



Civil Code 



2232 



CHAPTER 48 
Pilots, Ports and Port Utility Commission 

Article 1. Pilots and Ports, § 4534. 

Article 2. Port Utilities Commission of Charleston, § 4579. 



ARTICLE 1 
Pilots and Ports 



4534. Commissioners of Pilotage. 4555. 

4535. Composition and Qualification. 4556. 

4536. Harbor Commission of Charleston. 4557. 
4537-8. Boards of Examination. 4558. 
4539. Examination Fee. 4559. 
4540-1. Apprentices. 4560. 

4542. Licenses. 4561. 

4543. Bond. 4562. 

4544. Surrender of License or New Bond. 4563. 

4545. Number of Pilots. ■ 4564. 

4546. Pilot Engaged in other Business. 4565. 

4547. Pilot Discontinuing Duties without 4566. 
Leave. 4567. 

4548. Penalty for Dereliction of Duty. 4568. 

4549. Pilot Hiring out Boat without Leave. 4569. 

4550. Pilot's Duty During War. 4570. 

4551. Pilot to Offer Services to Nearest 4571. 
Vessel. 4572. 

4552. Pilot Conveying Vessels to Quaran- 4573. 
tine. 4574. 

4553. Pilot Ground of Charleston. 4575. 

4554. Fees of Pilots. 4576- 



Unlawful Pilotage. 
Unlicensed Pilots. 
Signal for Departure of Vessel. 
Penalty for Carrying off Pilot. 
Boats Used for Pilotage. 
Pilots Remaining on Board. 
Pilotage Rates at Charleston. 
When Employment Optional. 
Regulations of Board of Pilotage. 
Register of Pilots. 
Examination of Marine Disaster. 
Collection of Fines and Penalties. 
Station Duty of Pilot Boats. 
Violation of Regulations. 
Jurisdiction of Harbor Commissioners. 
Meetings of Board. 
Lines, Wharves, Docks, etc. 
Building Obstructions Beyond Limits. 
Duties of Commissioners as to Docks. 
Deposit of Excavated Material. 
Harbor Master and Port Wardens. 
7. Fees and Port Charges. 



4578. Report to Legislature. 

§ 4534. Commissioners of Pilotage — Appointment — Term — Removal — Va- 
cancies. — The Commissioners of Pilotage for the ports of Georgetown, Little 
River in Horry County, Beaufort, and North and South Edisto and Stono 
Rivers shall be appointed by the Governor during the month of February in 
every second year reckoning from the month of February in the year 1879, 
and shall serve and continue in office during the term of two years and until 
their successors are appointed. They may be removed from office at the discre- 
tion of the Governor. When a vacancy occurs it shall be filled by appointment 
by the Governor, and such appointee shall hold the office for the unexpired 
term, unless sooner removed by the Governor. 

Civ. C. '22, § 3580; Civ. C. '12, § 2470; Civ. C. '02, § 1616; G. S. 1260; R. S. 1357; 1872, 
XV. 53, 62; 1878, XVI, 413; 1888, XX, 61. 

§ 4535. Composition and Qualification. — The Commissioners of Pilotage of 
Little River shall consist of three persons, two of whom shall be or shall have 
been seafaring men and one shall be a full branch pilot of the port to which 
he belongs. 

The Commissioners of Pilotage of Georgetown shall consist of six persons, 
two of whom shall be or shall have been seafaring men, one of whom shall be 
a full branch pilot, and three of whom shall be merchants of said toAvn. 

The Commissioners of Pilotage of Beaufort shall consist of four persons, 
two of whom shall be or shall have been seafaring men. They shall have juris- 
diction over St. Helena, Port Royal and all entrances to the southAvard. 

The Commissioners of Pilotage of North and South Edisto and Stono shall 
consist of three persons, two of whom shall be or shall have been seafaring 



2233 Civil Code § 4536 

men, and shall have jurisdiction over North and South Edisto, Stono River 
and all entrances to the same. 

The Board of Harbor Commissioners of the Port of Charleston shall be the 
Commissioners of Pilotage for said port, and may invest the sub-committee of 
Pilotage of said board with all the power and authority in all matters relating 
to the pilotage and pilots of said port of Charleston possessed by said board, 
the chairman of the Port Utilities Commission of Charleston shall be a mem- 
ber of said sub-committee and the decisions of said sub-committee shall be 
subject to appeal to the Board of Harbor Commissioners of the Port of 
Charleston, said appeal to be taken and to be conducted in accordance with 
the law, rules and regulations as set forth in Sections 786, 787, 788, 790, 792, 
794, 795 and 796, of the Code of Civil Procedure of South Carolina. 

Civ. C. '22, § 3581 ; Civ. C. '12, § 2471 ; Civ. C. '02, § 1617 ; G. S. 1260, 1286 ; R. S. 1358 ; 
1873, XV, 440 ; 1880, XVII, 455 : 1881, XVII, 607 ; 1883. XVIII. 303 ; 1888, XX, 61 ; 1897, 
XXIII, 417; 1923, XXXIII, 153. 

§ 4536. Harbor Commission of Harbor of Charleston — Of Whom to Con- 
sist. — The Board of Harbor Commissioners of the Port of Charleston shall con- 
sist of thirteen members as follows : The Mayor of the City of Charleston, the 
president of the Charleston Chamber of Commerce, the president of the 
Charleston Cotton Exchange, the chairman of the Port Utilities Commission of 
Charleston, the president of the Charleston Young Men's Board of Trade, the 
chairman of the Executive Committee of the State Board of Health, if he be a 
resident of said city, or, if he be not such resident, some member of the Execu- 
tive Committee resident of said city to be designated by said committee, and 
seven (7) residents of the said City of Charleston to be appointed by the Gov- 
ernor, upon the recommendation of the Senator and members of the House 
of Representatives from Charleston County, or a majority of them, at least 
two of whom shall be seafaring men and at least one of such seafaring men 
shall be a full branch pilot of the Port of Charleston. The Mayor of the City 
of Charleston shall be ex officio chairman of the said board, and the board at its 
first annual meeting, or at the first meeting after the time fixed for such an- 
nual meeting, shall elect a chairman pro tempore, to act in the temporary ab- 
sence, death, resignation or disability of the said chairman. 

Civ. C. '22, § 3582 ; Civ. C. '12, § 2472 ; Civ. C. '02, § 1618 ; 1881, XVII, 604 ; 1900, XXII, 
417; 1923, XXXIII, 153. 

§ 4537. Commissioners of Pilotage to Organize Board of Examination — 
Port of Charleston Excepted. — The Commissioners of Pilotage for the ports 
other than Charleston (which port in this regard shall be governed by the 
provisions of Section 4538) shall, from time to time, organize a Board of Ex- 
amination for the port to which they belong, to consist of three nautical men, 
one at least of whom shall be a full branch pilot of the port to which they be- 
long ; and the said board shall examine each and all applicants as to his or their 
competency to work or manage vessels, and, generally, to discharge the duties 
of a pilot or pilots ; and no license or branch shall be granted to any person 
unless he receive the certificate of competency signed by a majority of such 
examining board. 

Civ. C. '22, § 3583 ; Civ. C. '12, § 2473 ; Civ. C. '02, § 1619 ; G. S. 1261 ; R. S. 1359 ; 1910, 
XXVI, 624. 

§ 4538. Commissioners of Pilotage for Port of Charleston to Organize 
Board of Examiners. — The Commissioners of Pilotage for the port of Charles- 
ton, in similar manner, shall from time to time organize a Board of Examina- 
tion for the port of Charleston, to consist of three nautical men, at least one 
of whom shall be a full branch pilot of the port ; and the said board shall ex- 



§ 4539 Civil Code 2234 

amine each and all applicants as to his or their competency to work or man- 
age vessels, and, generally, to discharge the duty of a pilot or pilots. All ex- 
aminations for a license shall be oral and by demonstration, and shall in- 
clude, among other things, the following requisites : The rules of the road ; 
the use of compass ; the set of currents ; the boarding of vessels in heavy 
weather; bearing of noted objects; numbers, shapes and colors of buoys; the 
use of the sextant; and taking horizontal and vertical angles; soundings, in 
accordance with the depths corresponding to the branch or license which 
they desire. No license or branch shall be granted to any person unless he 
has received a certificate of his competency signed by the majority of said 
examining board. 

Civ. C. '22, § 3584 ; Civ. C. '12, § 2474 ; 1910, XXVI, 624. 

§ 4539. Examination Fee. — Each and every applicant for a branch, or 

license, before he shall receive a certificate from a majority of the Examining 

Board, shall pay to said board the sum of five dollars, to defray the expenses 

of such examination and of issuing said certificate. 

Civ. C. '22, § 3585 ; Civ. C. '12, § 2475 ; Civ. C. '02, § 1620 ; G. S. 1262 ; R. S. 1360 ; 1872, 
XV, 54. 

§ 4540. Apprentices for Ports Other Than Charleston. — Apprentices for 
ports other than Charleston (which port in this regard shall be governed by 
the provisions of Section 4541) shall be taken by full branch pilots only, with 
the approval of the respective Boards of Commissioners of Pilotage, and shall 
serve two years before receiving a nine-foot branch or license for all other 
ports ; the last year of service it shall be the duty of their masters to take the 
said apprentices on board of all vessels, so that they may become completely 
competent to discharge their duties. After holding their branches or licenses 
for one year, if competent to the satisfaction of their masters, they shall re- 
ceive a twelve-foot branch or license, which they must hold in service for two 
years, at the end of which time they may receive a full branch or license. In 
all cases, however, the applicant for appenticeship shall be eighteen years of 
age previous to receiving his nine-foot or ten-foot branch or license. 

Civ. C. '22, § 3586 ; Civ. C. '12, § 2476 ; Civ. C. '02, § 1621 ; G. S. 1263 ; R. S. 1361 ; 1872, 
XV, 54 ; 1894, XX, 801 ; 1910, XXVI, 625. 

§ 4541. Apprentices for Port of Charleston. — Apprentices for the port of 

Charleston shall be taken by full branch pilots only, with the approval of its 
Board of Commissioners of Pilotage, and they shall not be under eighteen nor 
over twenty-one years ; and must possess at least a common school education, 
good moral character, with good sight, hearing and other requisite physical 
and mental qualifications. Satisfactory certificates of the above requirements 
must be filed with the Board of Pilot Commissioners before the applicant will 
be accepted as an apprentice. 

Apprentices shall serve three years before receiving a fifteen-foot license 
or branch. During the last year of service it shall be the duty of their masters 
to take the said apprentices on board of vessels, so that they may become 
thoroughly competent for the discharge of their duties. They must hold a fif- 
teen-foot license or branch in service one year before receiving a twenty-foot 
license or branch ; and hold a twenty-foot license or branch in service one year 
before receiving a full license or branch. No apprentice, however, shall be 
granted a license until the number of pilots shall have fallen below fifteen; 
although an apprentice may, after his term of service, upon a satisfactory 
examination by the Examining Board, receive a certificate from the Board of 
Pilot Commissioners entitling him to a twenty-foot license when a vacancy 



2235 Civil Code § 4542 

should occur. Should two or more apprentices be eligible to offer for examina- 
tion at the same time, the seniority of securing a license shall be determined 
by the proficiency of the respective apprentices, established at such examina- 
tion. 

No apprentice shall cease to act as such for the period of three months nor 
absent himself at any time from the port of Charleston, except upon regular 
cruises, without the permission of the Board of Pilot Commissioners. 

Civ. C. '22, § 3587 ; Civ. C. '12, § 2477 ; Civ. C. '02, § 1621 ; G. S. 1263 ; R. S. 1361 ; 1892, 
XV, 54 ; 1894, XX, 801 ; 1910, XXVI, 625 ; 1920, XXXI, 700. 

§ 4542. Licenses — Oath of Pilots. — The said respective Boards of Pilot 
Commissioners shall give to the applicants approved by them either a limited 
license or branch, or a full license or branch, according as the application and 
discovered fitness of the applicant shall be, signed by a majority of the Ex- 
amining Board, or by their chairman, as the majority of said Board may di- 
rect, requiring of each applicant, before the delivery to him of such license or 
branch, to swear and subscribe the following oath, to be administered by the 
president of the Board, to wit: I, A B, do solemnly swear (or affirm) that I 
will well and faithfully, and according to the best of my skill and knowledge, 
execute and discharge the business and duty of a licensed pilot (or apprentice, 
as the case may be) for the bar and harbor of Charleston (Beaufort or George- 
town, North and South Edisto and Stono, as the case may be) ; and that I will, 
at all times, wind, weather and health permitting, use my best endeavors to 
repair on board of all ships and vessels that I shall see and conceive to be 
(Beaufort or Georgetown, North and South Edisto and Stono, as the case may 
be), unless that I am well assured that some other licensed pilot is then on 
board the same ; and I do further swear (or affirm) that I will from time to 
time, and at all times, make the best dispatch in my power to convey safely 
over the bar of Charleston (Beaufort or Georgetown, North and South Edisto 
and Stono, as the case may be) every vessel committed to my care in coming 
in or going out of the same ; and that I will, from time to time, and at all 
times, truly observe, follow, and fulfill, to the best of my skill and ability 
and knowledge, all such orders and directions as I shall or may receive from 
the Commissioners of Pilotage relative to all matters and things that may ap- 
pertain to the duty of a pilot; and (except applicants for license or branch at 
the ports of Georgetown and Beaufort), further, that I will not, at the same 
time, be owner, part owner, nor be interested, directly or indirectly, in more 
than two boats employed in the business of the pilotage of the bar and har- 
bor of Charleston (North and South Edisto or Stono, as the case may be). 
So help me, God. 

Civ. C. '22, § 3588; Civ. C. '12, § 2478; Civ. C. '02, § 1622; G. S. 1264; R. S. 1362; 
1872, XV, 54; 1878, XVI, 415; 1888, XX, 61; 1894, XXI, 801. 

§ 4543. Bond. — After any such person or applicant shall have taken the 
oath or affirmation aforesaid, and subscribed to the same, the said Board of 
Commissioners shall require such person to execute to them and their succes- 
sors in office a bond, with two sureties, to be approved by them, in the sum of 
five hundred dollars, if his license be of nine or ten or twelve feet, or in the 
sum of one thousand dollars, if it be a full license ; which bond shall be condi- 
tioned for the faithful discharge of his duties as such pilot; whereupon the 
said Board of Commissioners shall deliver to such person a license, to be meas- 
ured by his respective draft of water; said license to be signed either by the 
president of the said Board, under direction of a majority thereof, or by such 
majority themselves. The County Commissioners of their county shall pay all 



§ 4544 Civil Code 22a6 

accounts of the said Commissioners of Pilotage incurred for printing licenses 
or certificates, fuimishing stationery, and the like : Provided. That such account 
shall not exceed in one year fifty dollars. 

Civ. C. '22. § 35S9 : Civ. C. '12, § 2479 : Civ. C. "02. § 1623 ; G. S. 1265 : R. S. 1663 ; 
1872. XT, 55. 

§ 4544. Board May Require Surrender of License or New Bond. — The 
Boards of Commissioners of Pilotage shall have power and authority, for any 
cause or charge to them satisfactorily proven, to order and direct any or all 
•pilots for the port to which they belong to deliver up his or their license or 
licenses, and to take out a new license or licenses : but no pilot who shall satisfy 
them of the groundlessness of such cause or the falsity of such charge brought 
against him shall be required to pay an additional fee for his new license. 
And if the said Board of Commissioners be not satisfied with the sureties on 
the bond executed by any licensed pilot, every pilot whose sureties shall be 
deemed insufficient shall give a new bond, with sureties, to be approved by the 
said Board of Commissioners, and within such time as shall be required by the 
said Board of Commissioners: in which case the pilot shall receive a new 
license, on surrendering the former one. And every pilot not complying with 
these conditions, or any of them, shall forthwith forfeit his license, and shall 
be disqualified to act as a pilot for the period of twelve months. 

Civ. C. '22. § 3590: Civ. C. '12. § 2480; Civ. C. '02, § 1624; G. S. 1266; R. S. 1364; 
1878, XYI. 416. 

§ 4545. Number of Pilots- Limited. — The number of pilots for the bar and 
harbor of Charleston shall not exceed fifteen: Provided, That no pilot now 
licensed shall hereby lose his license, but no other person shall be licensed 
until the number of pilots is less than fifteen. The number of pilots for the 
port of Beaufort shall be limited to twelve, and for the bar and harbor of 
Georgetown to eleven, with power to the said Commissioners of Pilotage to 
increase the number for the port of Beaufort to fifteen and for Georgetown 
to fifteen, if in their judgment the commerce of either of said ports shaU re- 
quire such increase. The number of pilots for the other ports shall be fixed 
by the Commissioners of Pilotage at such ports ; but such limit in number shall 
not operate as an exclusion of any pilot who now holds a regularly issued 
license. The said Board shall make no distinction in the selection oi pilots on 
account of race, color or previous condition. 

Civ. C. '22. § 3591; Civ. C. '12. § 2481: Civ. C. '02. § 1625: G. S. 1266: R. S. 1365; 
1894, XXI, 799'; 1902. XXIII, 1023. 

§ 4546. Pilots Must Not Engage in Other Business. — No pilot shall en- 
gage in any other business or calling while holding his license or br, nch with- 
out the consent of the Commissioners of Pilotage first had and obtained in 
writing. And any pilot now licensed who, for the space of three months, shall 
be. or continue to be, engaged in any other business or calling than that of 
a licensed pilot, without the permission in writing of the Commissioners of 
Pilotage first had and obtained, shall be deprived of his license for twelve 
months. And if said pilot shall continue to engage in .such other business or 
calling after the expiration of said twelve months, without the permission in 
writing of the Commissioners of Pilotage first had and obtained, he shall 
forfeit said license. 

Civ. C. '22. § 3592 : Civ. C. '12, § 24S2 : Civ. C. '02, § 1626 : G. S. 1206 : R. S. 1366. 

§ 4547. Pilot Must Not Absent Himself or Discontinue Duties Without 

Leave.— Xo licensed pilot shall discaitinue to act as such for the period of 
three months, nor absent himself at any time from thv-^ port and harbor to 



2237 Civil Code § 4548 

which he may belong, except upon regular cruises, without permission of the 
said Board of Commissioners. And any pilot so discontinuing or absenting 
himself shall be liable to the penalties prescribed in the previous proviso of 
this Section. And it shall be the duty of the Board of Commissioners to grant 
such permission when applied for in writing, unless it shall appear that by 
doing so the number of pilots for the said port will be reduced below the num- 
ber absolutely necessary for said port of Charleston. 

Civ. C. '22, § 3593 ; Civ. C. '12, § 2483 ; Civ. C. '02, § 1627 ; G. S. 1266 ; R. S. 1367. 

§ 4548. Penalty for Dereliction of Duty by Pilot. — A majority of each of 
the said Boards of Commissioners of Pilotage shall have power and authority 
to take away the license of a pilot for a given time, or to declare his license 
null and void, as the nature of the case may demand, upon charge of any der- 
eliction of duty made and proven against him, or if he be found guilty of 
using abusive or insulting language, or guilty of threatening conduct, while 
on his business as a pilot, or against whom charges of intoxication or conduct 
unbecoming a pilot, either when on or off duty, shall be proved to the satis- 
faction of a majority of the Commissioners; but any pilot against whom any 
charge shall be made shall be entitled to a hearing before the said Board of 
Commissioners, and to make any proper defense to such charge. If any pilot 
has forfeited or been deprived of his license, or is no longer entitled to the use 
thereof by virtue of this or any other Sections of this Chapter, the said Board 
of Commissioners shall have the power to order the Harbor Master of the port 
to which he may belong to call on him for the surrender of his license. And if 
he shall refuse to give up the same to the Harbor Master on demand, the latter 
shall give notice for one week in the public daily papers that such person has 
no longer a right to act as a pilot until he be reinstated by the said Board of 
Commissioners. 

Civ. C. '22, § 3594 ; Civ. C. '12, § 2484 ; Civ. C. '02, § 1628 ; G. S. 1267 ; R. S. 1368 ; 1878, 
XVI, 417; 1902. XXIII, 1023. 

§ 4549. Pilot May Not Hire Out Boat Without Leave of Board —No 

licensed pilot shall hire out his pilot boat to any persons or person wh mso- 
ever, unless he substitute another, to be approved of by the Board of Commis- 
sioners of Pilotage ; and the Board of Commissioners shall never give such per- 
mission unless in their opinion there shall be a sufficient number i uoats 
actually engaged in the service of pilotage. Nor shall any pilot substitute or 
employ as a pilot any one from whom his license has been taken away r be- 
come forfeited ; and any pilot herein in any wise offending sliall, for each and 
every such offense, be deprived of his license by the said Board of Commission- 
ers, or a majority of them; and if so deprived, he shall be proceeded against 
as provided in the latter part of the preceding Section, and shall, moreover, 
forfeit and pay to the State a sum not exceeding one hundred dollars. 

Civ. C. '22, § 3595 ; Civ. C. '12, § 2485 ; Civ. C. '02, § 1629 ; G. S. 1268 ; R. S. 1369 ; 
1878, XVI, 417. 

§ 4550. Duty of Pilots During War. — In case of war, no pilot shall bring 
in or furnish supplies to any armed vessels belonging to an enemy at war with 
the United States, or shall carry out any armed vessel to such enemy, without 
being ordered to do so by the constituted authorities of the United States' 
And every pilot herein in any wise offending sliall forfeit his license a^^.d be 
disqualified forever from acting as a pilot. And if at any time the President 
of the United States or the Governor of the State shall prohibit the furnishing 
with supplies, or the bringing in, or the carrying out, of any vessel or vessels 
belonging to any nation or State, or to a subject or subjects of any nation or 



§ 4551 Civil Code 2238 

State, it shall be the duty of every such pilot to comply with every such prohi- 
bition, on pain of incurring the same penalty and punishment as for like 
offenses in time of war. 

Civ. C. '22, § 3596; Civ. C. '12, § 2486; Civ. C. '02, § 1630; G. S. 1269; R. S. 1870; 
1878, XVI, 417. 

§ 4551. Pilot to Offer Services to Nearest Vessel. — Every pilot cruising 
or standing out to sea shall offer his services first to the vessel nearest the 
bar, a penalty of fifty dollars for each and every such neglect except when he 
sees a more distant vessel in distress, under or refusal, either of approaching 
the nearest vessel and boarding her if required, or of aiding any vessel show- 
ing signals of distress in the case above mentioned ; and the Board of Commis- 
sioners of Pilotage-, or a majority of them, may, at their discretion, deprive 
the said pilot of his license : Provided, however, That nothing herein contained 
shall extend, or be construed to extend, to vessels of the description mentioned 
in the preceding Section, all of which vessels it shall be the duty of every such 
pilot to avoid as much as possible, whenever they are known to or justly sus- 
pected by him as such. 

Civ. C. '22, § 3597; Civ. C. '12, § 2487; Civ. C. '02, § 1631; G. S. 1270; R. S. 1371; 
1878, XVI, 417. 

§ 4552. Pilot to Convey Vessels to Quarantine. — Whenever the Governor 
of the State shall issue a proclamation subjecting vessels from certain ports 
or countries to quarantine, it shall be the duty of every licensed pilot conduct- 
ing any vessel over the bar of any port to bring her to the quarantine ground, 
and to remain on board, and go to the quarantine station, without coming up 
to the city or town, until the port physician shall permit it; and during the 
time for which any such pilot remains on board any such vessel, or stays at the 
quarantine station, he shall be allowed four dollars for each and every day of 
his remaining on board or staying at the quarantine station, as aforesaid, and 
be found in necessary provisions and accommodation, at the expense of the 
master, owner, or consignee of such vessel; and every such pilot neglecting or 
refusing to bring such vessel to the quarantine grounds, or coming to the city 
without previously obtaining the port physician's permission, or before the 
time limited by the said port physician, shall, for each and every offense, be 
deprived of his license, and shall not obtain another license before the ex- 
piration of one year, and shall forfeit and pay the sum of fiftj^ dollars to the 
State. 

Civ. C. '22, § 3598; Civ. C. '12, § 2488; Civ. C. '02, § 1632; G. S. 1271; R. S. 1372; 1878, 
XVI, 418. 

§ 4553. Pilotage Ground of Charleston. — The pilot ground of the bar of 
Charleston shall extend from the said bar thirty miles eastward, southward 
and northward ; and any master or commander of a vessel bearing toward any 
harbor or bar (all coasters and other vessels under one hundred tons of 
American register excepted) who shall refuse to receive on board a licensed 
pilot for the said bar and harbor offering to board shall be liable, on his ar- 
rival at the said port, to pay such pilot who first offered to go on board and 
take charge of such vessel the rates and fares allowed and established as here- 
inafter mentioned, as if such a pilot had actually brought in such vessel to 
said port. But if a pilot having a ten or twelve-foot branch or license only, as 
the case may be, is refused by the master of a vessel of a greater draught, such 
master shall not be liable to him for her pilotage ; and if a pilot refuse to pro- 
duce his license to the master of a vessel when the latter demands it, the fees 



2239 CmL Code § 4554 

of pilotage shall not be charged against the master rejecting the services of 

such pilot. 

Civ. C. '22, § 3599; Civ. C. '12, § 2489; Civ. C. '02, § 1633; G. S. 1272; R. S. 1373; 
1878, XVI, 419; 1902, XXIII, 1024. 

§ 4554. Fees of Pilots. — Any pilot boarding a vessel on pilot ground shall 
be entitled to receive from the master, owner, or consignee, four dollars for 
every day of his being on board previous to her coming into port, in addition 
to the fees of pilotage. 

Every pilot of an inward-bound vessel who shall be directed by the master 

to anchor in the roads, or is required by the quarantine laws to anchor and 

leave such vessel at the quarantine grounds and afterwards bring her up to 

the city or town, shall be entitled to receive four dollars from the master, 

owner, or consignee ; also, four dollars to bring a vessel anchored in the 

stream (at the request of the master, owner, or consignee) and moor her at 

the wharf ; four dollars to unmoor (at the request of the master, owner, or 

consignee) and anchor in the stream, or from the stream to the roads, to 

be paid as aforesaid. 

Civ. C. '22, § 3600; Civ. C. '12, § 2490; Civ. C. '02, § 1634; G. S. 1273; R. S. 1374; 
1878, XVI, 419. 

§ 4555. Right to Pilot Vessel — Unlawfxil Pilotage. — ^The pilot who brought 
in the vessel shall have the exclusive right of carrying her out, unless the mas- 
ter or commander of such vessel shall, within a fortnight after his arrival in 
port, prove to the satisfaction of the Board of Pilotage Commissioners, or a 
majority of them, that the said pilot had misbehaved during the time he had 
charge of such vessel, or unless the said pilot shall have been deprived of his 
license before the departure of such vessel, in either of which cases another 
pilot may be employed, who shall be entitled to receive the outward pilotage ; 
and every pilot having or becoming entitled to carry out a vessel shall either 
attend in person or procure another pilot of his own degree to attend for him, 
on such outward-bound vessel, after twelve hours' notice by the master by 
the hoisting of his jack at the foretop masthead for that time during daylight ; 
but if such pilot should neither attend in person nor substitute another pilot 
of like degree with himself, the master of such vessel shall be at liberty, after 
the expiration of the above limited space of time, to employ another pilot of 
equal license, who shall be bound, if not previously engaged, to carry such 
vessel out, and who shall be entitled to the outward pilotage ; and any pilot 
who shall carry out a vessel, not being entitled to do so, shall be liable to the 
pilot who had the right in the amount of pilotage paid or due for carrying her 
out ; and any pilot who brought in a vessel shall have a right to demand his 
fees of pilotage and the lawful charges as aforesaid before her departure from 
port ; and whenever a pilot having a right to carry out a vessel is apprehensive 
that his fees of pilotage may not be paid by her master, owner, or consignee, 
he shall have a right to demand his fees in advance, or such security for the 
payment thereof as shall be reasonable and satisfactory, and on failure there- 
of may refuse to carry her out. 

Civ. C. '22, § 3601; Civ. C. '12, § 2491; Civ. C. '02, § 1635; G. S. 1274; R. S. 1375; 
1878, XVI, 420. 

§ 4556. No Unlicensed Pilots to Act. — No person shall be authorized or 
permitted to conduct and pilot any vessel over the bar, when coming into or 
going out of port, unless such person shall have a license as aforesaid; and 
every person not having received such license, or having forfeited the same, 
or l)eing deprived thereof as aforesaid, who shall presume to bring into or 



§ 4557 Civil Code 2240 

carry out of the aforesaid por't any vessel which has to cross the bar, as well 
as every pilot having a limited license of ten or twelve feet, who shall pre- 
sume to conduct and pilot a vessel of more than ten or twelve feet, as the case 
may be, over the said bar, either in coming in or going out, shall be entitled 
to no fee, gratuity or reward for the same, but shall pay the regular pilotage to 
the pilot who shall first offer, and shall also be liable to a fine of one hundred 
dollars, or imprisonment for not more than thirty days, or be suspended: 
Provided, however, That the foregong prohibition shall not extend to prevent 
any person from assisting any vessel in distress without a pilot on board, if 
such person shall deliver up such vessel to the first pilot who shall afterwards 
come on board and offer to conduct such vessel ; and also that the captain and 
crew of a vessel shall not be liable to such fine for conducting her over the bar 
without the aid of a pilot, if in either of the two last mentioned cases a signal 
for a pilot is worn. 

Civ. C. '22, § 3602; Civ. C. '12, § 2492; Civ. C. '02, § 1636; G. S. 1275; R. S. 1376; 
1878, XVI, 420; 1909, XXVI, 187. 

§ 4557. Signal for Departure of Vessel. — Every master of an outward- 
bound vessel shall at the appointed time of his departure have his vessel in 
readiness for sailing, and as a signal thereof hoist a jack at the foretop mast- 
head; and every master of a vessel who shall detain a pilot at the time ap- 
pointed, so that he cannot proceed to sea, though wind and weather should 
permit, shall pay to such pilot four dollars per day during the time of his 
actual detention on such vessel. 

Civ. C. '22, § 3603; Civ. C. '12, § 2493; Civ. C. '02, § 1637; G. S. 1276; R. S. 1377; 
1878, XVI, 421. 

§ 4558. Penalty for Carrying Off a Pilot. — If any master or commander 
of a vessel shall carry off any of the pilots he shall allow every such pilot four 
dollars for each and every day during his absence, and supply him with pro- 
visions and other necessaries in the same manner as is usual for the mainte- 
nance and accommodation of masters of vessels ; and the master, as well as the 
owner, consignee, and security of such vessel, shall be liable for the aforesaid 
sum : Provided, however, That no pilot who is carried off as aforesaid shall be 
entitled to any of the sums aforesaid if such vessel shall have laid to for the 
space of sixteen hours after having crossed the bar and no pilot boat shall have 
appeared at the time to receive such pilot on board : Provided, also, That the 
master, owner, or consignee shall defray the expenses of such pilot back to 
port to which he may belong. 

Civ. C. '22, § 3604; Civ. C. '12, § 2494; Civ. C. '02, § 1638; G. S. 1277; R. S. 1378; 
1878, XVI, 421. 

§ 4559. What Kinds of Boats May Be Used as Pilot Boats in Charleston 
Harbor. — All boats used in the pilotage for the port and harbor of Charleston 
shall be of schooner rig, and not less than sixty-eight feet over all ; and before 
being admitted into service, and at all times thereafter, shall be entirely and 
absolutely subject to the inspection, direction and approval of the Board of 
Pilotage Commissioners for Charleston. No pilot boat shall be commissioned 
and used unless owned and manned by at least five (5) pilots; and no pilots in 
good standing shall be denied the right to participate in the same. All boats 
used for pilotage shall be used exclusively in the pilotage, and the owner or 
owners of every pilot boat employed in such pilotage, or pilot or pilots who 
may hire such boats, or may be employed thereon, shall cause to be put on the 
most conspicuous place of each boat's mainsail, and, if she be a schooner, on 
her foresail, such number as may be designated by the harbor master of the 



2241 Civil Code § 4560 

port, and the figures designating the number of the boats as aforesaid shall be 

at least five feet in length and be made to appear as conspicuous as possible 

by being placed on each side of such sail of every boat used in the pilotage ; 

and every pilot omitting or neglecting to number the boat in which he may be 

interested shall, on conviction before the Board of Pilotage Commissioners of 

the port to which he belongs, be deprived of his license, and shall, in addition, 

be liable to a fine of one hundred dollars : Provided, That in case of shipwreck 

or destruction of any of such boats used in the pilotage, it shall be lawful 

for the Board of Pilotage Commissioners to authorize the use, for a temporary 

period, of vessels not of schooner rig, said vessels, however, during said period 

to have the number put, as provided, on its fore and aft sails, and in every 

other respect be subject to the provisions herein contained. 

Civ. C. '22, § 3605; Civ. C. '12, § 2495; Civ. C. '02, § 1639; G. S. 1278; R. S. 1379; 
1878, XVI, 421. 

§ 4560. Pilots to Remain on Board of Vessels If Required. — It shall be the 

duty of a licensed pilot, if required by the master or commander of a vessel, to 

remain on board while such vessel is anchored in the roads, outward-bound, 

at the rate of four dollars per day ; and in case of refusal or neglect, the pilot 

shall be deprived of his license by the Board of Pilotage Commissioners and 

pay a sum of not exceeding fifty dollars. 

Civ. C. '22, § 3606; Civ. C. '12, § 2496; Civ. C. '02, § 1640; G. S. 1279; R. S. 1380; 
1878, XVI, 422. 

§ 4561. Rates of Pilotage at Charleston. — The master, owner or consignee 
of any vessel, for the consideration of the pilotage of the said vessel inwards to 
or outwards from the port of Charleston shall pay to the licensed pilot for the 
said bar and harbor who shall take charge of the same the several sums of 
money, rates and fees, respectively, set forth in the following schedule, ac- 
cording to her draught of water at the time of such pilotage, to wit : 

Rates of Pilotage. — Not more than the following amounts : For six feet of 
water or under, fifteen dollars ; for seven feet of water or under, sixteen 50-100 
dollars; for eight feet of water or under, eighteen 50-100 dollars; for nine feet 
of water or under, twenty-one dollars; for ten feet of water or under, twenty- 
eight 50-100 dollars; for eleven feet of water or under, thirty-three dollars; for 
twelve feet of water or under, forty dollars; for twelve and a half feet of water 
or under, forty-four dollars ; for thirteen feet of water or under, forty-five 
dollars ; for thirteen and a half feet of water or under, fifty dollars ; for four- 
teen feet of water or under, fifty-four dollars; for fourteen and a half feet of 
water or under, sixty dollars ; for fifteen feet of water or under, sixty-six dol- 
lars; for fifteen and a half feet of water or under, sixty-nine dollars; for six- 
teen feet of water or under, eighty-four dollars ; for sixteen and a half feet 
of water or under, one hundred dollars; for seventeen feet of water or under, 
one hundred and ten dollars; for seventeen and a half feet of water or under, 
one hundred and twenty dollars; for eighteen feet of water or under, one hun- 
dred and thirty dollars; for eighteen and a half feet of water or under, one 
hundred and forty dollars; for nineteen feet of water or under, one hundred 
and fifty dollars; for nineteen and a half feet of water or under, one hundred 
and sixty dollars ; for twenty feet of water or under, one hundred and seventy- 
five dollars; for twenty and a half feet of water or under, one hundred and 
ninety dollars; for twenty-one feet of water or under, two hundred and five 
dollars; for twenty-one and a half feet of water or under, two hundred and 
twenty dollars ; for twenty-two feet of water or under, two hundred and thirty- 
five dollars; for twenty-two and a half feet of water or under, two hundred 



§ 4562 Civil Code 2242 

and fifty dollars; for over twenty and a half feet of water, fifteen dollars ad- 
ditional for each and every additional six inches of water under which said 
vessel may draw; for taking a vessel around to Ashley River, if requested by 
the master, eight dollars; for taking letters from the City of Charleston to 
vessels outside of the bar and waiting orders and delivering them on board, the 
amount of inward pilotage of such vessel's draught. The rates of pilotage for 
the outer ports shall be fixed by the Board of Pilotage Commissioners of such 
ports, except that in the port of Charleston they shall not exceed the rates here- 
inbefore prescribed. 

Civ. C. '22, § 3607; Civ. C. '12, § 2497; Civ. C. '02, § 1641; G. S. 1280; R. S. 1381; 
1878, XVI, 422; 1894, XXII, 800. 

§ 4562. When Not Compelled to Employ a Pilot. — Whenever a vessel has 

crossed over or is inside of the bar, the master shall not be compelled to take a 

pilot ; but if he demands the services of a pilot, he shall pay the customary fees 

of pilotage as in other cases. 

Civ. C. '22, § 3608; Civ. C. '12, § 2498; Civ. C. '02, § 1642; G. S. 1281; R. S. 1382; 
1878, XVI, 423. 

§ 4563. Board to Prescribe Regulations. — The Board of Pilotage Commis- 
sioners for the port to which they belong shall have power and authority to 
prescribe to the licensed pilots such orders and regulations, not inconsistent with 
this Article, as to them, or a majority of them, may appear suitable and proper ; 
and any such pilot neglecting or refusing to conform to any such orders or reg- 
ulations shall forfeit and pay for each offense the sum of fifty dollars. 

Civ. C. '22, § 3609; Civ. C. '12, § 2499; Civ. C. '02, § 1643; G. S. 1282; R. S. 1383; 
1878, XVI, 423. 

§ 4564. Register of Pilots. — The Harbor Master of the port shall be bound 
to keep constantly a complete register, specifying the licenses of all the licensed 
pilots for his port (with their residences), and of all boats to which they are 
severally attached, and the name, number, and the owner or owners of the 
same, and also to register any change or alteration that may take place in either 
of the above particulars, which change or alternate the said pilots are hereby 
required, from time to time, as the same occurs, to report to the said Harbor 
Master, in order that masters of vessels or persons interested may have it al- 
ways in their power to know from him at once who are the responsible per- 
sons on board of each boat, and thereby obtain such information as they may 
find necessary. And every such pilot or owner of a pilot boat neglecting or re- 
fusing to report as aforesaid, shall, for each omission, forfeit and pay a fine not 
exceeding fifty dollars ; and it shall be the duty of the Harbor Master for the 
port of Charleston, on the first Monday of each month, to report to the Board 
of Pilotage Commissioners for the port of Charleston a register as above specified, 
and also such pilots as may have neglected or refused to comply with the fore- 
going requisitions. And the said Harbor Master shall furnish every master of 
a vessel coming to the Harbor Master's office with a copy of the law of pilotage, 
for the purpose of perusing it at the said office, without charging or being al- 
lowed to charge any fee or perquisite for any or either of the aforesaid services ; 
and for every neglect of duty in the premises the said Harbor Master shall be 
liable to a fine of not exceeding fifty dollars, to be imposed by the said Board of 
Pilotage Commissioners, or a majority of them. 

Civ. C. '22, § 3610 ; Civ. C. '12, § 2500 ; Civ. C. '02, §■ 1644 ; G. S. 1283 ; R. S. 1384 ; 
1878, XVI, 423. 

§ 4565. Board to Exajnine Causes of Disaster. — It shall be the duty of the 
Board of Pilotage Commissioners, on the occasion of any marine disaster to any 



2243 X Civil Code § 4566 

vessel in charge of a licensed pilot, to make a careful examination of the cause 

or causes of such disaster, by immediately summoning before them the pilot in 

charge of the vessel, and obtaining such testimony from the parties interested, 

or not, as the case may be, in their power. And the result of such investigation 

shall be placed upon record, copies of which shall be furnished, when desired, 

at the expense of the applicant. The marine reports of the daily papers, or 

private information, shall be deemed sufficient cause for such investigation by 

the said Board of Commissioners. 

Civ. C. '22, § 3611; Civ. C. '12, § 2501; Civ. C. '02, § 1645; G. S. 1284; R. S. 1385; 
1878, XVI, 424. 

§ 4566. Fines — How Collected. — Each and every fine, forfeiture and pen- 
alty for each and every offense under this Article, or any part, clause, or article 
thereof, shall be prosecuted, sued for, and recovered in any court of competent 
jurisdiction, for the use of the State; and the penalties imposed in this Article 
may in every case be recovered, although the Board of Pilotage Commissioners 
may not think proper to deprive any licensed pilot liable thereto, or in default, 
of his license in any instance herein authorized. 

Civ. C. '22, § 3612; Civ. C. '12, § 2502; Civ. C. '02, § 1646; G. S. 1284; R. S. 1385; 
1878, XVI, 424. 

§ 4567. Power of Board — Station Duty of Pilot Boats — Penalty. — The 

Board of Commissioners of Pilotage for the port of Charleston shall have the 
power, and are authorized, to establish station boats on the bar of Charleston. 
Each regular licensed pilot boat for the harbor and bar of Charleston shall per- 
form and keep station duty, unless prevented by stress of weather, at or near 
the bar of Charleston, alternately, for six days each, whenever it becomes the 
turn of such said pilot boat to perform the same, or to furnish as a substitute 
another licensed pilot boat, under a penalty of fifty dollars for each day's 
offense ; said pilot boat to be in charge of a full branch licensed pilot for the 
bar and harbor of Charleston, and the services of any pilot when on station shall 
be free of charge. 

Civ. C. '22, § 3613 ; Civ. C. '12, § 2503 ; Civ. C. '02, § 1647 ; R. S. 1387 ; 1891, XX, 1286. 

§ 4568. Penalty for Violating Rules and Regulations — Fines and Penalties 
— Appropriation. — They shall have power to make such rules and regulations 
for the governing of station boats on duty, not inconsistent with the preced- 
ing Sections, as to them, or a majority of them, may appear suitable and proper • 
and any such pilot boat refusing or neglecting to conform to any such rules 
and regulations, the pilot at the time in command, shall be subject to a fine in 
the sum of not exceeding fifty dollars, or in case of nonpayment of fine imposed 
within thirty (30) days, be suspended for not over sixty (60) days. All fines 
collected under the provisions of this Section shall be paid over to the Board of 
Harbor Commissioners for the harbor of Charleston, and by them used and dis- 
bursed. 

Civ. C. '22, § 3614 ; Civ. C. '12, § 2504 ;' Civ. C. '02, § 1648 ; R. S. 1388 ; 1891, XX, 1286. 

§ 4569. Jurisdiction of Harbor Commissioners — Penalties — Duties of So- 
licitor. — The said Board of Harbor Commissioners shall have jurisdiction over 
the harbor and bay of Charleston, and the rivers and creeks flowing therein, 
and shall make such regulations as they may see fit for the regulation and 
government of vessels entering said port and waters, so as to provide for their 
safe and convenient use of the same, and for the protection and preservation 
of the said bay and harbor, rivers and creeks from injury by means of deposit 
of ballast and other materials, the creation of obstructions, or for any other 



§ 4570 CmL Code ' 2244 

cause whatsoever, with authority to prescribe such penalties for the violation 

of the said regulations as they may deem adequate: Provided, That such penalty 

shall not exceed the sum of five hundred dollars for each offense, together with 

the expense of removing such obstructions or interferences with navigation. 

And the Solicitor of the Circuit shall be, and he is hereby, charged with the 

duty of enforcing such penalties upon the information and at the request of 

the said Board of Harbor Commissioners. They are also invested with full 

power and authority to preserve peace and good order in said bay and harbor : 

Provided, That none of the said regulations shall be repugnant to the laws of 

the land. 

Civ. C. '22, § 3615; Civ. C. '12, § 2505; Civ. C. '02, § 1649; 1881, XVII, 604; 1885, 
XXIX, 354. 

§ 4570. Annual and Other Meetings. — The said Board shall have an annual 
meeting on the second Monday in January in each year, and shall hold such 
other stated or special meetings as they may for themselves determine. 

Civ. C. '22, § 3616; Civ. C. '12, § 2506; Civ. C. '02, § 1650. 

§ 4571. Powers as to Lines, Wharves, Docks, Etc. — Proviso. — The said 
Board shall have power to fix the lines along the said baj" and harbor, and 
rivers and creeks, within which riparian owners may erect wharves, docks, 
and other proper erections and fixtures for commercial, manufacturing, or any 
other purposes. The said Board, or a majority of them, shall have authority to 
cause the removal of any wharf, dock, wreck, or other obstruction to navigation, 
or that may, in their opinion, be injurious to the said bay, harbor, rivers, or 
creeks, at the expense of the owner or owners, or the parties causing the ob- 
structions : Provided, That the rights of any owner or owners of wharves whose 
lines have heretofore been fixed by grant, or by authority of State legislation, 
are in no wise to be disturbed. 

Civ. C. '22, § 3617 ; Civ. C. '12. § 2507 ; Civ. C. '02. § 1651. 

§ 4572. Penalty for Building' Wharves or Other Obstructions Beyond 
Limits Without Authority. — No person or persons shall hereafter build any 
wharf or other obstruction beyond the lines fixed by the said Board, except 
where the lines of such wharf have heretofore been fixed by the grant, or by 
authority of State legislation; and any person or persons doing this shall pay 
the sum of twenty dollars for every such offense, and shall moreover be fined 
in the sum of twenty dollars for every day such wharf or other obstruction 
shall remain. And no person or persons shall hereafter build or extend any 
wharf or other obstruction in or upon the waters of the bay or harbor of 
Charleston, or the rivers or creeks flowing therein, without first obtaining, in 
writing, from said Board, a permit for so doing, except where the lines of such 
wharf have heretofore been fixed by any grant, or by authority of State legisla- 
tion, under a penalty of twenty dollars for every day such wharf or obstruc- 
tion shall remain ; and it shall be the duty of said Board to prosecute for fines 
and penalties by Sections 37 to 45. 

Civ. C. '22, § 3618 ; Civ. C. '12. § 2508 : Civ. C. "02, § 1652. 

§ 4573. Duties of Harbor Commissioners as to Docks — Owners Liable for 
Neglect. — It shall be the duty of the said Board of Harbor Commissioners to 
examine, or cause to be examined, all the docks, public or private, upon the 
waters of the said bay and harbor, and the rivers and creeks flowing therein; 
and when it is the opinion of said Board, or a majority of them, that such docks 
are not in a proper condition for the purposes for which they were designed 
and used, they shall cause a notice to be served upon the owner or occupier of 



2245 CmL Code § 4574 

said dock, and they shall deepen the same, and if such owner or occupier shall 
neglect or refuse to attend to such dock after thirtj^ days' notice, such person 
so offending shall forfeit and pay twenty dollars, and the further sum of five 
dollars for every day he, she, or they shall neglect or refuse, and shall, more- 
over, pay all expenses incurred by reason of such neglect or refusal; and it 
shall be the duty of the said Board to prosecute for such fines and penalties. 
Civ. C. '22, § 3619 ; Civ. C. '12, § 2509 ; Civ. C. '02, § 1653. 

§ 4574. Deposit of Excavated Material — Penalty for Violation. — Here- 
after, when any dredging or excavation shall be done in the said bay and 
harbor, rivers and creeks, or the docks thereon, the material excavated shall be 
deposited only at such place or places as may be designated by the said Board, 
under such penalty not exceeding the amount prescribed in Section 4569, as 
the said Board shall prescribe. 

Civ. C. '22, § 3620 ; Civ. C. '12, § 2510 ; Civ. C. '02, § 1654. 

§ 4575. Harbor Master and Port Wardens. — The said Board of Harbor 
Commissioners shall have power to elect or appoint annually a Harbor Master 
and such number of Port Wardens as in their discretion are necessary for the 
bay and harbor of Charleston and the rivers and creeks flowing therein, and 
to define and assign the duties of such Harbor Master and Port Wardens under 
the rules and regulations for the government of vessels within or entering into 
the said harbor and waters, or any of them, and for their safe and convenient 
use of said waters, and regulate their compensation, with power to remove 
them, or any of them, at their discretion. 

Civ. C. '22, § 3621 ; Civ. C. '12, § 2511 ; Civ. C. '02, § 1655. 

§ 4576. Fees and Port Charges. — The said Board of Harbor Commissioners 
shall be, and are hereby, invested with full power and authority to levy and 
collect from all vessels entering into and using the port of Charleston such fees 
and harbor or port charges, not inconsistent with the law, as, in their discre- 
tion, may be necessary to pay the said Harbor Master and Port Wardens for 
the services required of them, and to defray the necessary expenses attendant 
upon the execution of the duties devolved upon the said Board under Sections 
4569 to 4576 in relation to the regulations for the safety and convenience of 
vessels entering the said port and waters, or any of them. 

Civ. C. '22, § 3622 ; Civ. C. '12, § 2512 ; Civ. C. '02, § 1656 ; 1885, XIX, 354. 

§ 4577. Payment and Disbursement of Fees, Harbor or Port Charges, Fines 
and Penalties. — All fees, harbor or port charges, fines and penalties collected 
under the provisions of Sections 4569 to 4576, shall be paid over to the said 
Board of Harbor Commissioners, and be disbursed by the said Board in paying 
the salaries of the Harbor Master and Port Wardens, and such other officers as 
the said Board may see fit to appoint to facilitate the discharge of the duties 
imposed by this Chapter, and such other expenses as may be incident to said 
duties. 

Civ. C. '22, § 3623; Civ. C. '12, § 2513; Civ. C. '02, § 1657; 1881, XVII, 606. 

§ 4578. Board of Harbor Commissioners Shall Report Annually to General 
Assembly. — The said Board of Harbor Commissioners shall annually report to 
the General Assembly the amounts received for fees, harbor or port charges, 
fines and penalties, and the disbursement thereof, and also generally its actings 
and doings. 

Civ. C. '22, § 3624; Civ. C. '12, § 2514; Civ. C. '02, § 1658; 1881, XVII, 606. 



§ 4579 Civil Code 2246 

ARTICLE 2 
Port Utilities Commission of Charleston 

4579. Powers and Duties. 4583. Duties of Wharf Owners. 

4580. Notice to Owners to Repair Wharves. 4584. Penalties for Violations. 

4581. Orders for Improvements. 4585. Appeals. 

4582. Examination of Wharves, etc. 4586. State Port Development Commission. 

§ 4579. Powers. — The Port Utilities Commission of Charleston shall have 
general supervision of all wharves, warehouses and terminal facilities of all 
transmitting and transporting corporations, and of all wharves, warehouses 
and terminal facilities of corporations, firms, companies or individuals engaged 
in business as public warehousemen or wharfagers and shall examine the same 
and keep themselves informed as to their condition and the manner in which 
they are operated, with reference to the security and accommodation of the 
public and the compliance with all provisions of law applicable thereto. 

Civ. C. '22, § 3628; 1912, XXVII, 661; 1923, XXXIII, 68. 

§ 4580. Notice to Owners to Repair Wharves. — Whenever in the judgment 
of said Port Utilities Commission of Charleston it shall appear that repairs are 
necessary upon anj' such wharves, warehouses or terminal facilities, or that 
any additions, improvements or enlargements in the said wharves, warehouses 
or terminal facilities, or any change in the mode of operating and conducting 
said business is reasonable and expedient, in order to promote the security, 
convenience and accommodation of the public or to provide facilities required 
by the business offering at the port of Charleston, said Commission shall give 
information in writing to the owners or operators of said wharves, warehouses 
and terminal facilities of the improvements, changes, enlargements and better- 
ments which they judge to be proper, and if the owners or operators of said 
wharves, warehouses and terminal facilities shall fail within sixty days to adopt 
the suggestion of said Commission the said Dock Commission shall take such 
legal proceedings as they may deem expedient. 

Civ. C. '22, § 3629 ; 1912, XXVII, 661 ; 1928, XXXIII, 68. 

§ 4581. May Order Improvements. — Upon the written petition of the City 
Council of Charleston, or of any of the patrons of any corporation, company, 
firm or individual owning or operating wharves, warehouses and terminal 
facilities for public uses, or for hire, alleging that the plant or equipment of 
such corporation, company, firm or individual is inadequate or unsuited to the 
public need, the Commission shall fix a time and place for a hearing upon such 
petition and shall mail notice thereof to the parties in interest, and give due 
public notice thereof at least one week prior to such hearing. Upon such hear- 
ing the Commission may, if it finds wharves, warehouses or terminal facilities 
to be inadequate or unsuited to the public need, order and prescribe such 
wharves, warehouses or terminal facilities as shall be adequate and suitable, 
and fix a time within which such corporation, company, firm or individual own- 
ing or operating the same shall construct such additions or improvements. It 
shall thereupon be the duty of such corporation, company, firm or individual to 
construct such additions or improvements to its plant or equipment within the 
time so fixed. 

Civ. C. '22, § 3630; 1912, XXVII, 661. 

§ 4582. May Examine. — The said Port Utilities Commission of Charleston 
shall be authorized to examine into all wharves, warehouses and terminal facil- 
ities, and the approaches to the same, in the County of Charleston. 

Civ. C. '22, § 3631 ; 1912, XXVII, 661 ; 1928, XXXIII, 63. 



2247 Civil Code § 4583 

§ 4583. Duties of Wharf Owners. — The owners or occupiers of any 
wharves, warehouses and terminal facilities within the County of Charleston 
shall at all times, as long as said properties are used for public purposes, keep 
the same, and the sheds thereon, and the approaches thereto, in proper condi- 
tion and repair ; and if said wharves, warehouses, terminal facilities, superstruc- 
tures or the approaches to the same are dangerous to life or limb, or unsafe 
or unsuitable for the persons using the same, the Commission shall notify in 
writing the said owner or occupier of said wharves, warehouses or terminal 
facilities to put the same in proper repair or condition; and if the said owner 
or occupier shall neglect or refuse to put the said wharves, warehouses, term- 
inal facilities, superstructures or approaches in proper condition within thirty 
days after notice, such owner or occupier so offending shall be subject to a 
penalty of one hundred ($100) dollars, and the further sum of ten ($10) dol- 
lars for each and every day such neglect shall continue, and shall moreover pay 
all expense incurred by reason of such neglect or refusal. And if such wharf, 
warehouse or terminal facility be at the said time used for public purposes, the 
said Commission shall have the right to repair and put the same in safe and 
suitable condition at the expense of the owner or occupier : Provided, however, 
That owners or occupiers of any such properties shall, within ten days after 
notice is served upon them to repair the same, have the right to apply to the 
Port Utilities Commission of Charleston for a hearing. 

Civ. C. '22, § 3632; 1912, XXVII, 661; 1923, XXXIII, 63. 

§ 4584. Penalties for Violations. — If any corporation, company, firm or 
individual having wharves, warehouses or terminal facilities used for public 
purposes shall be guilty of a violation of the rules and regulations provided and 
prescribed by the said Commission, such corporation, company, firm or indi- 
vidual owning or operating such wharf, warehouse or terminal facility, shall 
incur a penalty for each offense of not less than $100 nor more than $300, to 
be fixed by the presiding Judge. An action for the recovery of such penalty 
shall be in any court of competent jurisdiction in the State where such violation 
has occurred or wrong has been perpetrated. 

Civ. C. '22, § 3633; 1912, XXVII, 661. 

§ 4585. Appeals. — Provided, however, Such corporation, company firm or 
individual shall haye the right to appeal from any order, ruling or requirement 
of such Commission, to the Court of Common Pleas for Charleston County, 
to be heard and determined by the presiding Judge thereof, as if tried de 
novo before him, who shall pass upon and determine the reasonableness of such 
order, ruling or requirement, and such appeal shall stay the execution of any 
order, ruling or requirement appealed from, and that no fines or penalties im- 
posed by said commission shall be operative or commence to run until the final 
determination of such appeal: Provided, That this Chapter shall not apply to 
any portion of Charleston County not included in the City of Charleston and 
not included in the portion of the county lying to the north of said city and 
between the Ashley and Cooper Rivers, 

Civ. C. '22, § 3634; 1912, XXVII, 661. 

§ 4586. State Port Development Commission — Charleston Designated State 

Port. — The Port of Charleston is hereby declared the State port of South 
Carolina. The Governor is directed to appoint a State Commission of Port De- 
velopment to serve without compensation, to investigate and advise upon the 
best methods to be pursued in the increase of the service of said port to the 
citizens of the whole State. Said Commission shall be composed of five (5) mem- 



§ 4D»7 



UIVIL UODE 



ZZ48 



bers, to wit: (1) The Chairman of the Port Utilities Commission of Charleston, 
ex officio, to serve as chairman. (2) Four members from the State at large. 

The four members appointed are to be designated for terms of one, two, three 
and four years, and each successor to be appointed for a period of four years 
thereafter. The actual expenses of the members of the Commission in attending 
meetings thereof may be paid by the Port Utilities Commission of Charleston 
out of its own funds. All members of said Commission not to receive any com- 
pensation, per diem, mileage or otherwise from the State of South Carolina. 
Nothing in this Section contained shall be construed as in anywise intended to 
be prejudicial to any other port of the State. 

1925, XXXIV, 160. 



TITLE 13 

Business Transactions and Holidays 

Chapter 49. Money, Interest, Checks, Bills and Notes, § 4587. 

Chapter 50. Bills of Lading, § 4817. 

Chapter 51. Agency and Labor Laws, § 4871, 

Chapter 52. Joint Debtors, Suretyship and Arbitration, § 4889. 

Chapter 53. Statute of Frauds, § 4895. 

Chapter 54. Legal Holidays, § 4903. 



CHAPTER 49 
Money, Interest, Checks, Bills and Notes 

Article 1. Money and Interest, § 4587. 

Article 2. Bills and Notes, § 4595. 

Article 3. The Uniform Negotiable Instruments Law, § 4603. 

Article 4. Collections by Banks, § 4799. 



ARTICLE 1 

Money and Interest 



4587. Dollars, Dimes, Cents and Mills. 

4588. 4590. Rate of Interest. 

4589. State Law Controls Mortgage 
terest. 



In- 



4591-2. Usury. 

4593. Pleading Usury. 

4594. Usury No Defense to Bonds. 



§ 4587. Public Accounts Expressed in Dollars, Dimes, Cents and Mills. — 

All accounts in the public offices of this State, the verdicts of juries on all con- 
tracts, and all accounts of public officers, shall be expressed in dollars or units, 
dimes or tenths, cents or hundredths, and mills or thousandths ; a dime being the 
tenth part of a dollar, a cent the hundredth part of a dollar, and a mill the 
thousandth part of a dollar. 

Civ. C. '22, § 3635; Civ. C. '12, § 2515; Civ. C. '02, § 1659; G. S. 1287; R. S. 1389; 
1795. V, 262, 

§ 4588. Decree and Judgment to Draw Interest — Legal Interest. — In all 
money decrees and judgments of courts enrolled or entered, in all cases of ac- 
counts stated, and in all cases wherein any sum or sums of money shall be as- 



2249 CmL Code § 4589 

certained, and, being due, sliall draw interest according to law, the legal interest 
shall be at the rate of seven per centum per annum. 

Civ. C. '22, § 3636; Civ. C. '12, § 2516; Civ. C. '02, § 1660; G. S. 1289; R. S. 1S92: 
1866, XIII, 463. 

§ 4589. Law of This State Regulating Interest Governs Contracts Secured 
by Realty Mortgage.— All contracts secured by mortgage of real estate situate 
within this State shall be subject to and construed by the laws of this State reg- 
ulating the rate of interest allowed, and in all other respects, without regard to 
the place named for the performance of the same. 

Civ. C. '22, § 3637; Civ. C. '12, § 2517; Civ. C. '02, § 1661; 1896, XXII, 747. 

§ 4590. Interest Regulated. — No greater interest than seven (7) per cent, 
per annum shall be charged, taken, agreed upon or allowed upon any contract 
arising in this State for the hiring, lending or use of money or other commodity, 
either by way of straight interest, discount or otherwise, except upon written 
contracts wherein, by express agreement, a rate of interest not exceeding eight 
per cent, may be charged: Provided, That where any insurance company, as a 
condition for a loan by such company, of money upon mortgage or other se- 
curity, shall require that the borrower insure either his life or that of another, 
or his property, with such company and assign to such company, or cause to be 
assigned to it, any policy of insurance as security for such loan, or agree to pay 
premiums thereon during the continuance of such loans, whether such premiums 
be paid annually or in installments, such premiums shall not be considered as 
interest on such loan within the meaning of this Section, nor shall any loan be 
rendered usurious by reason of any such requirements where the rate of in- 
terest charged for the loan does not exceed the rate above fixed, and where 
the premiums charged for the insurance do not exceed premiums charged to 
other persons under like circumstances and conditions who do not obtain loans. 

Civ. C. '22. § 3638; Civ. C. '12, § 2518; Civ. C. '02, § 1662; G. S. 1288; R. S. 1390; 
1877. XYI, 325 ; 1882, XVIII, 35 ; 1889, XX, 376 ; 1898, XXII, 749 ; 1912, XXVII, 573. 

§ 4591. Usury. — ^Any person or corporation who shall receive, or contract 

to receive, as interest any greater amount than is provided for in the preceding 

Section shall forfeit all interest, and the costs of the action and such portion 

of the original debt as shall be due shall be recovered without interest or costs, 

and where any amount so charged or contracted for has been actually received 

by such person or corporation, he or she, or they shall also forfeit double the 

total amount received in respect of interest, to be collected by a separate action 

or allowed as a counterclaim in any action brought to recover the principal sum. 

Civ. C. '22, § 3639 ; Civ. C. '12, § 2519 ; Civ. C. '02, § 1663 ; R. S. 1391 ; 1877. XVI, 325 : 
1882, XVIII, 35; 1889, XX, 376; 1898, XXII, 749. 

§ 4592. Where Usury Not Maintainable. — No lender shall be charged 
with usur}' under the preceding Sections by reason of money paid or agreed 
to be paid others by the borrower in order to obtain a loan where the lender 
neither took nor contracted to take more than lawful interest: Provided, how- 
ever, That suit may be brought within six months from the date of such trans- 
action against such other persons as may have charged excessive fees or ex- 
cessive commissions, and recovery may be had thereon for the excess over and 
above a reasonable fee or reasonable commissions. 

Civ. C. '22, § 3640; 1916, XXIX, 923. 

§ 4593. Who May Plead Usury. — The borrower, and his heirs, devisees, 
legatees or personal representative, or any creditor or any person having a legal 
or equitable interest in the estate or assets of such borrower, may plead the 



§ 4594 Civil Code 2250 

benefit of the provisions of the preceding Section as plaintiff or defendant and 
the same shall be effectual at any suit at law, or in equity, and any person of- 
fending against the same shall be compelled to answer, on oath, any complaint 
that may be exhibited against him for the discovery of any sum of money or 
things in action, so charged, agreed upon, reserved or taken, in violation of 
the foregoing provisions, or either of them. The provisions of this and the last 
two preceding Sections shall not apply to contracts made prior to the second 
day of March, 1898. 

Civ. C. '22, § 3641; Civ. C. '12, § 2520; Civ. 0. '02, § 1664; 1877, XVI, 325; 1882, 
XVIII, 35; 1889, XX, 376; 1898, XXII, 749. 

§ 4594. Usury Not Available by Corporations as to Coupon or Registered 
Bonds. — No corporation shall, by way of defense, or otherwise, avail itself of 
any of the provisions of the preceding Sections of this Article, to avoid or de- 
feat the payment of any interest which it has agreed upon, allowed or con- 
tracted to pay, in any issue or sale of its coupon or registered bonds, heretofore 
or hereafter made by it. 

Civ. C. '22, § 3642; Civ. C. '12, § 2521; 1902, XXIII, 1022. 



ARTICLE 2 
Bills and Notes 

4595. Certain Notes Negotiable and Assign- 4598. Interest on Protested Bill, 
able. 4599. Damages on Protested Bills. 

4596. Bill of Exchange Discbarge of Debt. 4600. Difference of Exchange on Foreign 

4597. Protest as Evidence when Notary Un- Bills. 

available. 4601. Sunday or Holiday as Maturity Date. 

4602. When Instrument Considered Sealed. 

§ 4595. Promissory Notes Made Negotiable and Assignable. — ^^All notes in 
writing that shall be made and signed by any person or persons, body politic or 
corporate, or by the servant or agent of any corporation, banker, goldsmith, 
merchant, or trader, who is usually intrusted by him, her, or them, to sign such 
promissory notes for him, her, or them, whereby such person or persons, body 
politic and corporate, his, her, or their servant or agent, as aforesaid, doth or 
shall promise to pay to any other person or persons, body politic and corporate, 
his, her, or their order, or unto bearer, any sum of money mentioned in such 
note, shall be taken and construed to be, by virtue thereof, due and payable to 
any such person or persons, body politic and corporate, to whom the same is 
made payable ; and also every such note payable to any person or persons, body 
politic and corporate, his, her, or their order, shall be assignable or endorsable 
over, in the same manner as inland bills of exchange are or may be, according 
to the custom of merchants; and the person or persons, body politic and cor- 
porate, to whom such sum of money is or shall be by such note made payable, 
shall and may maintain an action for the same, in such manner as he, she, or 
they might do upon any inland bill of exchange, made or drawn according to 
the custom of merchants, against the person or persons, body politic and cor- 
porate, who, or whose servant or agent, as aforesaid, signed the same; and any 
person or persons, body politic and corporate, to whom such note that is payable 
to any person or persons, body politic and corporate, his, her, or their order, is 
endorsed or assigned, or the money therein mentioned, ordered to be paid by 
endorsement thereon, shall and may maintain his, her, or their action for such 
sum of money, either against the person or persons, body politic and corporate, 



2251 Civil Code § 4596 

who, or whose servant or agent, as aforesaid, signed such note, or against any 
of the persons that endorsed the same, in like manner as in cases of inland bills 
of exchange. And in every such action the plaintiff or plaintiffs shall recover 
his, her or their damages and costs of suit; and if such plaintiff or plaintiffs 
shall be nonsuited, or a verdict be given against him, her, or them, the defend- 
ant or defendants shall recover his, her, or their costs against the plaintiff or 
plaintiffs; and every such plaintiff or plaintiffs, defendant or defendants, re- 
spectively, recovering, may take out execution for such damages and costs. 

Civ. O. '22, § 3643; Civ. C. '12, § 2522; Civ. C. '02, § 1665; G. S. 1290; R. S. 1393; 
3 and 4 Ann., c. 9; 1712, II, 544. 

§ 4596. Bill of Exchange a Payment — Drawer, Acceptor or Endorser Not 
Discharged. — If any person accept any such bill of exchange for and in satis- 
faction of any former debt or sum of money formerly due unto him, the same 
shall be accounted and esteemed a full and complete payment of such debt, if 
such person accepting any such bill for his debt doth not take his due course 
to obtain payment thereof by endeavoring to get the same accepted and paid, 
and make his protest as aforesaid, either for nonacceptance or nonpayment 
thereof; but nothing herein contained shall extend to discharge any remedy 
that any person may have against the drawer, acceptor or endorser of such bill. 

Civ. C. '22, § 3644 ; Civ. C. '12, § 2527 ; Civ. C. '02, § 1669 ; G. S. 1295 ; R. S. 1397 ; 1712, 
II, 546. 

§ 4597. Protest Good Evidence If Notary Be Dead or Absent. — Whenever 
a Notary Public who may have made protest for nonpayment of any inland 
bill or promissory note shall be dead, or shall reside out of the county in which 
said bill or note is sued, his protest of said bill or note shall be received as suf- 
ficient evidence of notice in any action by any person whatsoever against any 
of the parties to such bill or note. 

Civ. O. '22, § 3645; Civ. C. '12, § 2528; Civ. C. '02, § 1670; G. S. 1296; R. S. 1398; 
1822. VI, 182. 

§ 4598. Protested Bill to Carry Interest. — Where any bill of exchange is 

or shall be drawn for the payment of any sum of money, for value received, 

and such bill shall be protested for nonacceptance or nonpayment, the same 

shall carry interest from the time such bill shall become due and payable, at 

the rate of seven per cent, per annum, until the money therein drawn for, 

together with damages and costs, be fully satisfied and paid. 

Civ. C. '22, § 3646; Civ. C. '12, § 2530; Civ. C. '02, § 1672; G. S. 1298; R. S. 1400: 
1786, IV, 741; 1866, XIII, 463. 

§ 4599. Damages Allowed Upon Certain Protested Bills. — All bills of ex- 
change drawn upon persons resident within the United States, and out of this 
State, and returned protested, the damages of such protested bills shall be ten 
per cent, on the sum drawn for; and all bills in like manner drawn upon per- 
sons resident in any other part of North America, or within any of the West 
India Islands, and protested, the damages shall be twelve and a half per cent. ; 
and all bills drawn on persons resident in any other part of the world, being 
protested, the damages shall be fifteen per cent, on the sums mentioned in such 
bills respectively, and all charges incidental thereto, with lawful interest, until 
the same be paid. 

Civ. C. '22, § 3647; Civ. C. '12, § 2531; Civ. C. '02, § 1673; G. S. 1299; R. S. 1401; 
1786, IV, 741. 

§ 4600. Jury May Render Verdict for Difference of Exchange on Foreign 
Bills. — In ^y action which shall be commenced for the recovery of any bill 



§ 4601 Civil Code 2252 

of exchange or any debt due and made payable in any other country, wherein 

the plaintiff shall recover, the jury shall have power to find a verdict with such 

difference of exchange as shall be just and agreeable to the true difference of 

exchange ; any law, usage, or custom to the contrary notwithstanding. 

Civ. C. '22, § 3648; Civ. C. '12, § 2532; Civ. C. '02, § 1674; G. S. 1300; R. S. 1402; 
.1786, IV, 741. 

§ 4601. When Paper Maturing on Sunday or Legal Holiday Collectible. — 

Any commercial paper, or other security, which shall mature and become pay- 
able and collectible on Sunday, or on any legal holiday, shall be deemed and 
taken and treated as maturing and becoming payable and collectible on the 
next day thereafter, provided such next day shall not be Sunday or legal holi- 
day; in which latter event the same shall be deemed, taken and treated as due, 
maturing and collectible on the first day thereafter which is not Sunday or a 
legal holiday. 

Civ. C. '22, § 3650; Civ. C. '12, § 2534; Civ. C. '02, § 1676; R. S. 1404; 1891, 1052. 

§ 4602. What Considered Sealed Instruments. — AVhenever it shall appear 
from the attestation clause or from the other parts of any instrument in writ- 
ing, that it was the intention of the party or parties thereto that said instru- 
ment should be a sealed instrument, then said instrument shall be construed to 
be, and shall have the effect of, a sealed instrument, although no seal be ac- 
tually attached thereto. 

Civ. C. '22, § 3651 ; Civ. C. '12, § 2535 ; Civ. C. '02, § 1677 ; 1899, XXIII, 48. 



ARTICLE 3 

The Uniform Negotiable Instruments Law 

4603. Requirements of Negotiabilitj'. 4632. Negotiation. 

4604. Sum Payable. 4633. Place of Endorsement. 

4605. Unconditional Order or Promise. 4634. Partial Endorsement. 

4606. Determinable Future Time. 4635. Kinds of Endorsement. 

4607. Acts in Addition to Payment of 4636-7. Special Endorsement. 
Money. 4638-9. Restrictive Endorsement. 

4608. Provisions not Effecting Negotiability. 4640. Qualified Endorsement. 

4609. When Payable on Demand. 4641. Conditional Endorsement. 

4610. When Payable to Order. 4642. Special Endorsement of Bearer In- 

4611. When Payable to Bearer. strument. 

4612. Intention to Conform to Require- 4643. Endorsement of Several Payees, 
ments. 4644. Cashier as Payee. 

4613. Date as Evidence. 4645. Misspelling of Name. 

4614. Antedating and Postdating. 4646. Endorsement in Representative Ca- 

4615. Insertion of Date. pacity. 

4616. Completion of Incomplete Instru- 4647. When Negotiation Deemed Effected, 
ment. 4648. Place of Endorsement. 

4617. When Incomplete Instrument In- 4649. When Negotiability Ceases, 
valid. , 4650. Striking out Endorsement. 

4618. Contract Revocable Until Delivery. 4651. Transfer of Title. 

4619. Rules of Construction. 4652. Reissue of Instruments. 

4620. Only Parties to Instruments Liable. 4653. Rights of Holder. 

4621. Signature by Agent. 4651-5. Holder in Due Course. 

4622. Signature in Representative Capacity. 4656, 4658. Notice of Infirmity. 

4623. Signature by Procuration. 4657. Defective Title. 

4624. Indorsements by Corporation or In- 4659. Rights of Holder in Due Course, 
fant. 4660. Holder not in Due Course. 

4625. Forged Signature. 4661. Holder Prima Facie Holder in Due 

4626. Consideration. Course. 

4627-8. Value. 4662. Contract of Maker. 

4629. Lien on Instrument. 4663. Contract of Drawer. 

4630. Failure of Consideration. 4664. Contract of Acceptor. 

4631. Accommodation Party. 46!65. When Party Deemed Endorser. 



2253 



Civil Code 



§ 4603 



4666. Signature in Blank Before Delivery. 
4667-9. Contract of Endorser. 

4670. Liability as Between Endorsers. 

4671. Agent's Negotiation Without Endorse- 
ment. 

4672-84. Presentment for Payment. 
468.5. Dishonor by Nonpayment. 
4686. Rights of Holder on Dishonor. 
4687-8. When Instrument Matures. 

4689. Instrument Payable at Bank. 

4690. When Payment Made in Due Course. 
4691-3. Notice of Dishonor. 

4694-5. To Whose Benefit Notice Inures. 
4696. When Agent May Give Notice. 
4697-8. Form of Notice. 

4699. Notice to Agent. 

4700. Death of Party. 

4701. Notice to Partners. 

4702. Notice to Joint Parties. 

4703. Notice to Bankrupts. 
470'l-6. Time Within Which Given. 
4707-8. Deposit in Postoffice. 

4709. Receipt of Notice. 

4710. Address to Which Sent. 
4711-13. Waiver of Notice. 

4714. When Dispensed with. 

4715. Delay in Notice. 

4716-18. When Notice not Required. 

4719. Omission of Notice. 

4720. When Protest Required. 

4721. Discharge of Instrument. 

4722. Discharge of Person Secondarily Lia- 
ble. 

4723. When Payment no Discharge. 

4724. Renunciation of Rights. 

4725. Unintentional Cancellation. 

4726. Alteration of Instrument. 



4727. Material Alterations. 

4728. Definition of Bill of Exchange. 

4729. Bill no Assignment of Funds. 

4730. Several Drawees. 

4731. Inland Bill of Exchange. 

4732. Drawer and Drawee Same Persoi?, 

4733. Referee in Case of Need. 

4734. Definition of Acceptance. 

4735. Holder Entitled to Written Accept- 
ance. 

i736. Acceptance Written on Other Paper. 

4737. Written Promises to Accept. 

4738. Time Allowed for Acceptance. 

4739. Destruction or Refusal to Return 
Bill. 

4740. Acceptance of Incomplete Bill. 

4741. Kinds of Acceptances. 

4742. General Acceptance. 
4743^. Qualified Acceptance. 
4745-9. Presentment for Acceptance. 
4750. When Presentment Excused. 
4751-2. Dishonor by Nonacceptance. 
4753. Rights of Accruing on Dishonor. 
4751r-62. Protest. 

4763-72. Acceptance for Honor. 
4773-9. Payment for Honor. 
4780-5. Bills in a Set. 

4786. Definition of Promissory Note. 

4787. Definition of Check. 

4788. Presentment of Check for Payment. 

4789. Certified Check. 

4790.. Effect of Certification on Endorsers. 

4791. Check no Assignment of Funds. 

4792. Designation of Article. 
4793-5. Definitions. 

4796. Sundays and Holidays. 

4797. Article not Retroactive. 



4798. Law Merchant. 

§ 4603. Negotiable Instruments in General— Form and Interpretation.— 

An instrument to be negotiable must conform to the following requirements: 

(1) It must be in writing and signed by the maker or drawer ; 

(2) Must contain an unconditional promise or order to pay a sum certain 
m money; 

(3) Must be payable on demand, or at a fixed or determinable future time; 

(4) Must be payable to order or to bearer ; and 

(5) Where the instrument is addressed to a drawee, he must be named or 
otherwise indicated therein with reasonable certainty. 

Civ. C. '22, § 3652 ; 1914, XXVIII, 668. 

§ 4604. The Sum Payable.— The sum payable is a sum certain within the 
meanmg of this Article, although it is to be paid : 

(1) With interest; or 

(2) By stated installments; or 

(3) By stated installments, with a provision that upon default in payment 
of any installment or of interest, the whole shall become due ; or 

(4) With exchange,^ whether at a fixed rate or at the current rate ; or 

(5) With costs of collection or an attorney's fee, in case payment' shall not 
be made at maturity. 

Civ. C. '22, § 3653 ; Civ. C. '12, § 2523 ; 1903, XXIV, 69 ; 1914, XXVIII, 66S 
§ 4605. Unconditional Order or Promise.— An unqualified order or promise 
to^ pay is unconditional within the meaning of this Article, though coupled 



§ 4606 Civil Code 2254 

(1) An indication of a particular fund out of which reimbursement is to be 
made, or a particular account to be debited with the amount ; or 

(2) A statement of the transaction which gives rise to the instrument. 
But an order or promise to pay out of a particular fund is not unconditional. 
Civ. C. '22, § 3654 ; 1914, XXVIII, 668. 

§ 4606. Instrument, When Payable. — ^An instrument is payable at a de- 
terminable future time, within the meaning of this Article, which is expressed 
to be payable : 

(1) At a fixed period after date or sight; or (2) on or before a fixed or de- 
terminable future time specified therein; or (3) on or at a fixed period after 
the occurrence of a specified event, which is certain to happen, though the 
time of happening be uncertain. An instrument payable upon a contingency is 
not negotiable, and the happening of the event does not cure the defect ; but an 
instrument payable at a determinable future time is negotiable, even though it 
may mature or be declared due upon a contingency happening before such fu- 
ture time. An instrument is payable at a determinable future time within the 
meaning of this chapter, notwithstanding the fact that it contains a provision 
waiving notice of protest, notice of dishonor, and an agreement to be bound 
even though an extension of time may be granted. An instrument is payable at 
a determinable future time when collateral has been deposited as security for 
the payment thereof and the instrument contains a provision that if the value 
of the security deposited has so decreased or declined as to render the holder 
insecure, the holder may require the maker to deposit other and further col- 
laterals to secure the same, and, upon failure to comply with such demand, 
may declare the instrument due at once. 

Civ. C. '22, § 3655 ; 1914, XXVIII, 668 ; 1926, XXIV, 1025. 

§ 4607. When Instrument Nonnegotiable. — ^An instrument which contains 
an order or promise to do any act in addition to the payment of money is not 
negotiable. But the negotiable character of an instrument otherwise negotiable 
is not affected by a provision which : 

(1) Authorizes the sale of collateral securities in case the instrument be 
not paid at maturity ; or 

(2) Authorizes a confession of judgment if the instrument be not paid at 
maturity; or 

(3) Waives the benefit of any law intended for the advantage or protection 
of the obligor; or 

(4) Gives the holder an election to require something to be done in lieu of 
payment of money. 

But nothing in this Section shall validate any provision or stipulation other- 
wise illegal. 

Civ. C. '22, § 3656 ; 1914, XXVIII, 668. 

§ 4608. When Validity Not Affected. — The validity and negotiable charac- 
ter of an instrument are not affected by the fact that : 

(1) It is not dated; or 

(2) Does not specify the value given, or that any value has been given 
therefor ; or 

(3) Does not specify the place where it is drawn or the place where it is 
payable ; or 

(4) Bears a seal ; or 

(5) Designates a particular kind of current money in which payment is to 
be made. 



2255 CmL Code § 4609 

But nothing in this Section shall alter or repeal any statute requiring in cer- 
tain cases the nature of the consideration to be stated in the instrument. 
Civ. C. '22, § 3657 ; 1914, XXVIII, 668. 

§ 4609. When Payable on Demand. — An instrument is payable on demand : 

(1) Where it is expressed to be payable on demand, or at sight, or on pre- 
sentation; or 

(2) In which no time for payment is expressed. 

Where an instrument is issued, accepted, or endorsed when overdue, it is, 
as regards the person so issuing, accepting, or endorsing it, payable on demand. 
Civ. C. '22, § 3658 ; 1914, XXVIII, 668. 

§ 4610. When Payable to Order. — The instrument is payable to order 
where it is drawn payable to the order of a specified person, or to him or his 
order. It may be drawn payable to the order of : 

(1) A payee who is not maker, drawer, or drawee ; or 

(2) The drawer or maker; or 

(3) The drawee; or 

(4) Two or more payees jointly; or 

(5) One or some of several payees; or 

(6) The holder of an office for the time being. 

Where the instrument is payable to order the payee must be named or other- 
wise indicated therein with reasonable certainty. 
Civ. C. '22, § 3659 ; 1914, XXVIII, 668. 

§ 4611. When Payable to Bearer. — The instrument is payable to bearer: 

(1) When it is expressed to be so payable; or 

(2) When it is payable to a person named therein or bearer; or 

(3) When it is payable to the order of a fictitious or nonexisting person, 
and such fact was known to the person making it so payable ; or 

(4) When the name of the payee does not purport to be the name of any 
person; or 

(5) When the only or last endorsement is an endorsement in blank. 
Civ. C. '22, 3660 ; 1914, XXVIII, 668. 

§ 4612. When Instrument Conforms to This Article. — The instrument need 
not follow the language of this Article, but any terms are sufficient which 
clearly indicate an intention to conform to the requirements thereof. 

Civ. C. '22, § 3661 ; 1914, XXVIII, 668. 

§ 4613. Date of Instrument Prima Facie True Date. — Where the instru- 
ment or an acceptance or any endorsement thereon is dated, such date is 
deemed prima facie to be the true date of the making, drawing, acceptance, or 
endorsement as the case may be. 

Civ. C. '22, § 3662 ; 1914, XXVIII, 668. 

§ 4614. When Invalid. — The instrument is not invalid for the reason only 
that it is antedated or postdated: Provided, This is not done for an illegal or 
fraudulent purpose. The person to whom an instrument so dated is delivered 
acquires the title thereto as of the date of delivery. 

Civ. C. '22, § 3663 ; 1914, XXVIII, 668. 

§ 4615. Date May Be Inserted When Undated. — Where an instrument ex- 
pressed to be payable vat a fixed period after date is issued undated, or where 
the acceptance of an instrument payable at a fixed period after sight is un- 
dated, any holder may insert therein the true date or acceptance, and the in- 
strument shall be payable accordingly. The insertion of a wrong date does not 



§ 4616 Civil Code 2256 

avoid the instrument in the hands of a subsequent holder in due course ; but 
as to him, the date so inserted is to be regarded as the true date. 
Civ. C. '22, § 3664 ; 1914, XXVIII, 668. 

§ 4616. Instrument May Be Completed — When. — AVhere the instrument 
is wanting in any material particular, the person in possession thereof has a 
prima facie authority to complete it by filling up the blanks therein. And a 
signature on a blank jDaper delivered by the person making the signature in 
order that the paper may be converted into a negotiable instrument operates 
as a prima facie authority to fill it up as such for any amount. In order, how- 
ever, that any such instrument when completed may be enforced against any 
person who became a party thereto prior to its completion, it must be filled up 
strictly in accordance with the authority given and within a reasonable time. 
But if any such instrument, after completion, is negotiated to a holder in due 
course, it is valid and effectual for all purposes in his hands, and he may en- 
force it as if it had been filled up strictly in accordance with the authority 
given and within a reasonable time. 

Civ. C. '22, § 3665 ; 1914, XXVIII, 668. 

§ 4617. When Incomplete Instrument Invalid. — Where an incomplete in- 
strument has not been delivered it will not, if completed and negotiated with- 
out authority, be a valid contract in the hands of any holder, as against any 
person whose signature was placed thereon before deliverey. 

Civ. C. '22, § 3666 ; 1914, XXVIII, 668. 

§ 4618. When Contract Irrevocable. — Every contract on a negotiable in- 
strument is incomplete and revocable until delivery of the instrument for the 
purpose of giving effect thereto. As between immediate parties, and as re- 
gards a remote party other than a holder in due course, the delivery, in order 
to be effectual, must be made either by or under the authority of the party 
making, drawing, accepting or endorsing, as the case may be ; and in such 
case the delivery may be shown to have been conditional, or for a special 
purpose only, and not for the purpose of transferring the property in the in- 
strument. But where the instrument is in the hands of a holder in due course, 
a valid delivery thereof by all parties prior to him so as to make them liable 
to him is conclusively presumed. And where the instrument is no longer in 
the possession of a party whose signature appears thereon, a valid and inten- 
tional delivery by him is presumed until the contrary is proved. 

Civ. C. '22, § 3667 ; 1914, XXVIII, 668. 

§ 4619. Language Ambiguous. — Where the language of the instrument is 
ambiguous, or there are omissions therein, the following rules of construction 
apply : 

(1) Where the sum payable is expressed in words and also in figures and 
there is a discrepancy between the two, the sum denoted by the words is the 
sum payable ; but if the words are ambiguous or uncertain, references may be 
had to the figures to fix the amount ; 

(2) Where the instrument provides for the payment of interest, without 
specifying the date from which interest is to run, the interest runs from the 
date of the instrument, and if the instrument is undated, from the issue 
thereof ; 

(3) Where the instrument is not dated, it will be considered to be dated as 
of the time it was issued ; 

(4) Where there is a conflict between the written and printed provisions 
of the instrument, the written provisions prevail ; 



2257 Civil Code § 4620 

(5) Where the instniment is so ambiguous that there is doubt whether it is 
a bill or note, the holder may treat it as either at his election ; 

(6) Where a signature is so placed upon the instrument that it is not clear 
in what capacity the person making the same intended to sign, he is to be 
deemed an endorser ; 

(7) Where an instrument containing the words "I promise to pay" is 
signed by two or more persons, they are deemed to be jointly and severally 
liable thereon. 

Civ. C. '22, § 3668 ; 1914, XXVIII, 668. 

§ 4620. When Person Not Liable. — No person is liable on the instrument 
whose signature does not appear thereon, except as herein otherwise expressly 
provided. But one who signs in a trade or assumed name will be liable to the 
same extent as if he had signed in his own name. 

Civ. C. '22, § 3669 ; 1914, XXVIII, 668. 

§ 4621. How Signature May Be Made.— The signature of any party may 
be made by a duly authorized agent. No particular form of appointment is 
necessary for this purpose ; and the authority of the agent may be established 
as in other cases of agency. 

Civ. C. '22, § 3670 ; 1914, XXVIII, 668. 

§ 4622. Additions to Signature. — Where the instrument contains or a per- 
son adds to his signature words indicating that he signs for or on behalf of a 
principal, or in a representative capacity, he is not liable on the instrument if 
he was duly authorized ; but the mere addition of words describing him as an 
agent, or as filling a representative character, without disclosing his principal, 
does not exempt him from personal liability. 

Civ. C. '22, § 3671 ; 1914, XXVIII, 668. 

§ 4623. Signature by Procuration. — A signature by "procuration" oper- 
ates as notice that the agent has but a limited authority to sign, and the 
principal is bound only in case the agent in so signing acted within the actual 
limits of his authority. 

Civ. C. '22, § 3672 ; 1914, XXVIII, 668. 

§ 4624. Endorsements by Corporation or Infant. — The endorsement or as- 
signment of the instrument by a corporation or by an infant passes the prop- 
erty therein, notwithstanding that from want of capacity the corporation or 
infant may incur no liability thereon. 

Civ. C. '22, § 3673 ; 1914, XXVIII, 668. 

§ 4625. Forged Signature. — Where a signature is forged or made without 
the authority of the person whose signature it purports to be, it is wholly 
inoperative, and no right to retain the instrument, or to give a discharge 
thereof, or to enforce payment thereof against any party thereto, can be ac- 
quired through or under such signature, unless the party, against whom it is 
sought to enforce such right, is precluded from setting up the forgery or 
want of authority. 

Civ. C. '22, § 3674 ; 1914, XXVIII, 668. 

§ 4626. Consideration. — Every negotiable instrument is deemed prima 
facie to have been issued for a valuable consideration ; and every jDcrson whose 
signature appears thereon to have become a party thereto for value. 

Civ. C. '22, § 3675 ; 1914, XXVIII, 668. 

§ 4627. Value. — Value is any consideration sufficient to support a simple 
contract. An antecedent or pre-existing debt constitutes value ; and is deemed 
such, whether the instrument is payable on demand or at a future time. 



§ 4628 Civil Code 2258 

§ 4628. When Value Given — Effect. — Where value has at any time been 
given for the instrument, the holder is deemed a holder for value in respect 
to all parties who became such prior to that time. 

Civ. C. '22, § 3677 ; 1914, XXVIII, 668. 

§ 4629. Lien on Instrument. — Where the holder has a lien on the instru- 
ment, arising either from contract or by implication of law, he is deemed a 
holder for value to the extent of his lien. 

Civ. C. '22, § 3678 ; 1914, XXVIII, 668. 

§ 4630. Failure of Consideration — Defense. — Absence or failure of con- 
sideration is matter of defense as against any "person not a holder in due 
course ; and partial failure of consideration is a defense pro tanto whether the 
failure is an ascertained and liquidated amount or otherwise. 

Civ. C. '22, § 3679 ; 1914, XXVIII, 668. 

§ 4631. Accommodation Party. — ^An accommodation party is one who has 

signed the instrument as maker, drawer, acceptor, or endorser, without re- 
ceiving value therefor, and for the purpose of lending his name to some other 
person. Such a person is liable on the instrument to a holder for value, not- 
withstanding such holder at the time of taking the instrument knew him to be 
only an accommodation party. 

Civ. C. '22, § 3680 ; 1914, XXVIII, 668. 

§ 4632. Negotiation. — ^An instrument is negotiated when it is transferred 
from one person to another in such manner as to constitute the transferee the 
holder thereof. If payable to bearer it is negotiated by delivery; if payable 
to order it is negotiated by the endorsement of the holder completed by de- 
livery. 

Civ. C. '22, § 3681 ; 1914, XXVIII, 668. 

§ 4633. Where Endorsement to Appear. — The endorsement must be writ- 
ten on the instrument itself or upon a paper attached thereto. The signature 
of the endorser, without additional words, is a sufficient endorsement. 

Civ. C. '22, § 3682 ; 1914, XXVIII, 668. 

§ 4634. What Must Consist of. — The endorsement must be an endorsement 
of the entire instrument. An endorsement, which purports the transfer to the 
endorsee a part only of the amount payable, or which purports to transfer 
the instrument to two or more endorsees severally, does not operate as a 
negotiation of the instrument. But where the instrument has been paid in 
part, it may be endorsd as to the residue. 

Civ. C. '22, § 3683 ; 1914, XXVIII, 668. 

§ 4635. Kinds of Endorsements. — ^An endorsement may be either special 
or in blank; and it may also be either restrictive or qualified, or conditional. 
Civ. C. '22, § 3684 ; 1914, XXVIII, 668. 

§ 4636. Special Endorsement. — A special endorsement specifies the person 
to whom, or to whose order, the instrument is to be payable ; and the endorse- 
ment of such endorsee is necessary to the further negotiation of the instru- 
ment. An endorsement in blank specifies no endorsee, and an instrument so 
endorsed is payable to bearer, and may be negotiated by delivery. 

Civ. C. '22, § 3685 ; 1914, XXVIII, 668. 

§ 4637. How Endorsements Converted. — The holder may convert a blank 
endorsement into a special endorsement by writing over the signature of the 
endorser in blank any contract consistent with the character of the endorse- 
ment. 

Civ. C. '22, § 3686 ; 1914, XXVIII, 668. 



2259 Civil Code § 4638 

§ 4638. Restrictive Endorsement. — An endorsement is restrictive which 
either : 

(1) Prohibits the further negotiation of the instrument; or 

(2) Constitutes the endorsee the agent of the endorser ; or 

(3) Vests the title in the endorsee in trust for or to the use of some other 
person. 

But the mere absence of vrords implying power to negotiate does not make 
an endorsement restrictive. 

Civ. C. '22, § 3687 ; 1914, XXVIII, 668. 

§ 4639. What Conferred by It. — A restrictive endorsement confers upon 
the endorsee the right : 

(1) To receive payment of the instrument; 

(2) To bring any action thereon that the endorser could bring ; 

(3) To transfer his rights as such endorsee, where the form of the endorse- 
ment authorizes him to do so. 

But all subsequent endorsees acquire only the title of the first endorsee undor 
the restrictive endorsement. 

Civ. C. '22, § 3688 ; 1914, XXVIII, 668. 

§ 4640. Qualified Endorsement. — A qualified endorsement constitutes the 
endorser a mere assignor of the title to the instrument. It may be made by 
adding to the endorser's signature the words "without recourse" or any 
words of similar import. Such an endorsement does not impair the negotiable 
character of the instrument. 

Civ. C. '22, § 3689 ; 1914, XXVIII, 668. 

§ 4641. Conditional Endorsement — When Disreg"arded. — Where an en- 
dorsement is conditional, a party required to pay the instrument may dis- 
regard the condition, and make payment to the endorsee or his transferee, 
whether the condition has been fulfilled or not. But any person to whom an 
instrument so endorsed is negotiated, will hold the same, or the proceeds 
thereof, subject to the rights of the person endorsing conditionally. 

Civ. C. '22, § 3690 ; 1914, XXVIII, 668. 

§ 4642. Payable to Bearer. — Where an instrument, payable to bearer, is 
endorsed specially, it may nevertheless be further negotiated by delivery ; but 
the person endorsing specially is liable as endorser to only such holders as 
take title through his endorsement. 

Civ. C. '22, § 3691 ; 1914, XXVIII, 668. 

§ 4643. Payable to Two or More. — Where an instrument is payable to the 
order of two or more payees or endorsees who are not partners, all must en- 
dorse, unless the one endorsing has authority to endorse for the others. 

Civ. C. '22, § 3692 ; 1914, XXVIII, 668. 

§ 4644. Payable to ' ' Cashier. ' ' — When an instrument is drawn or endorsed 
to a person as "cashier" or other fiscal officer of a bank or corporation, it is 
deemed prima facie to be payable to the bank or corporation of which he is such 
officer; and may be negotiated by either the endorsement of the bank or 
corporation, or the endorsement of the officer. 

Civ. C. '22, § 3693 ; 1914, XXVIII, 668. 

§ 4645. Name of Payee or Endorsee Wrongly Designated. — Where the 
name of a payee or endorsee is wrongly designated or misspelled, he may en- 
dorse the instrument as therein described, adding, if he think fit, his proper 
signature. 

Civ. C. '22, § 3694 ; 1914, XXVIII, 668. 



§ 4646 Civil Code 2260 

§ 4646. Endorsement in Representative Capacity. — Where any person is 
under obligation to endorse in a representative capacity, he may endorse in 
such terms as to negative personal ability. 

Civ. C. '22, § 3695; 1914, XXVIII, 668. 

§ 4647. When Negotiation Deemed Effected. — Except where an endorse- 
ment bears date after the maturity of the instrument, every negotiation is 
deemed prima facie to have been effected before the instrument was overdue. 

Civ. C. '22, § 3696 ; 1914, XXVIII, 668. 

§ 4648. Place of Endorsement. — Except where the contrary appears, every 
endorsement is presumed prima facie to have been made at the place where the 
instrument is dated. 

Civ. C. '22, § 3697 ; 1914, XXVIII, 668. 

§ 4649. When Negotiability Ceases. — An instrument negotiable in its origin 
continues to be negotiable until it has been restrictively endorsed or discharged 
by payment or otherwise. 

Civ. C. '22, § 3698 ; 1914, XXVIII, 668. 

§ 4650. Endorsement May Be Stricken Out — When. — The holder may at 
any time strike out any endorsement which is not necessary to his title. The 
endorser whose endorsement is struck out, and all endorsers subsequent to him, 
are thereby relieved from liability on the instrument. 

Civ. C. '22, § 8699 ; 1914, XXVIII, 668. 

§ 4651. Transfer of Title. — ^Where the holder of an instrument payable to 
his order transfers it for value without endorsing it, the transfer vests in the 
transferee such title as the transferer had therein, and the transferee acquies, 
in addition, the right to have the endorsement of the transferer. But for the 
purpose of determining whether the transferee is a holder in due course, the 
negotiation takes effect as of the time when the endorsement is actually made. 

Civ. C. '22, § 3700 ; 1914, XXVIII, 668. 

§ 4652. Instruments May Be Reissued. — Where an instrument is negotiated 
back to a prior party, such party may, subject to the provisions of this Article, 
reissue and further negotiate the same. But he is not entitled to enforce pay- 
ment thereof against any intervening party to whom he was personally liable. 

Civ. C. '22, § 3701 ; 1914, XXVIII, 668. 

§ 4653. Rights of the Holder. — The holder of a negotiable instrument may 
sue thereon in his own name, and payment to him in due course discharges the 
instrument. 

Civ. C. '22, § 3702 ; 1914, XXVIII, 668. 

§ 4654. Holder in Due Course. — A holder in due course is a holder who 
has taken the instrument under the following conditions : 

(1) That it is complete and regular upon its face; 

(2) That he became the holder of it before it was overdue, and without no- 
tice that it had been previously dishonored, if such was the fact; 

(3) That he took it in good faith and for value; 

(4) That at the time it was negotiated to him he had no notice of any in- 
firmity in the instrument or defect in the title of the person negotiating it. 

Civ. C. '22, § 3703 ; 1914, XXVIII, 668. 

§ 4655. When Not Deemed Holder in Due Course. — Where an instrument 
payable on demand is negotiated an unreasonable length of time after its issue. 
the holder is not deemed a holder in due course. 

Civ. C. '22, § 3704 ; 1914, XXVIII, 668. 



2261 Civil Code § 4656 

§ 4656. Notice of Infirmity. — Where the transferee receives notice of any 
infirmity in the instrument or defect in the title of the person negotiating the 
same before he has paid the full amount agreed to be paid therefor, he will be 
deemed a holder in due course only to the extent of the amount theretofore paid 
by him. 

Civ. C. '22, § 3705 ; 1914, XXVIII, 668. 

§ 4657. Defective Title. — The title of a person who negotiates an instru- 
ment is defective within the meaning of this Article when he obtained the in- 
strument, or any signature thereto, by fraud, duress, or force and fear, or other 
unlawful means, or for an illegal consideration, or when he negotiates it in 
breach of faith, or under such circumstances as amount to a fraud. 

Civ. C. '22, § 3706 ; 1914, XXVIII, 668. 

§ 4658. Notice of Infirmity. — To constitute notice of an infirmity in the 
instrument or defect in the title of the person negotiating the same, the person 
to whom it is negotiated must have had actual knowledge of the infirmity or 
defect, or knowledge of such facts that his action in taking the instrument 
amounted to bad faith. 

Civ. C. '22, § 3707 ; 1914, XXVIII, 668. 

§ 4659. Holder in Due Course Free from Defects. — A holder in due course 
holds the instrument free from any defect of title of prior parties, and free 
from defenses available to prior parties among themselves, and may enforce 
payment of the instrument for the full amount thereof against all parties liable 
thereon. 

Civ. C. '22, § 3708 ; 1914, XXVIII, 668. 

§ 4660. Holder Not in Due Course Subject to Defenses. — In the hands of 
any holder other than a holder in due course, a negotiable instrument is subject 
to the same defenses as if it were nonnegotiable. But a holder who derives his 
title through a holder in due course, and who is not himself a party to any 
fraud or illegality affecting the instrument, has all the rights of such former 
holder in respect to all parties prior to the latter. 

Civ. C. '22, § 3709 ; 1914, XXVIII, 668. 

§ 4661. Holder Prima Facie Holder in Due Course. — Every holder is 
deemed prima facie to be a holder in due course ; but when it is shown that the 
title of any person who has negotiated the instrument was defective, the burden 
is on the holder to prove that he or some person under whom he claims acquired 
the title as a holder in due course. But the last-mentioned rule does not apply in 
favor of a party who became bound on the instrument prior to the acquisition 
of such defective title. 

Civ. C. '22, § 3710 ; 1914, XXVIII, 668. 

§ 4662. Contract of Maker. — The maker of a negotiable instrument by mak- 
ing it engages that he will pay it according to its tenor; and admits the ex- 
istence of the payee and his then capacity to endorse. 

Civ. C. '22, § 3711 ; 1914, XXVIII, 668. 

§ 4663. Contract of Drawer. — The drawer by drawing the instrument ad- 
mits the existence of the payee and his then capacity to endorse, and engages 
that on due presentment the instrument will be accepted or paid, or both, ac- 
cording to its tenor ; and that if it be dishonored, and the necessary proceedings 
on dishonor be duly taken, he will pay the amount thereof to the holder, or to 
any subsequent endorser who may be compelled to pay it. But the drawer may 



§ 4664 Civil Code 2262 

insert in the instrument an express stipulation negativing or limiting his own 
liability to the holder. 

Civ. 0. '22, § 3712 ; 1914, XXVIII, 668. 

§ 4664. Contract of Acceptor. — The acceptor by accepting the instrument 
engages that he will pay it according to the tenor of his acceptance; and ad- 
mits: 

(1) The existence of the drawer, the genuineness of his signature, and his 
capacity and authority to draw the instrument; and 

(2) The existence of the payee and his then capacity to endorse. 
Civ. C. '22, § 3713 ; 1914, XXVIII, 668. 

§ 4665. What Constitutes Endorsement. — A person placing his signature 
upon an instrument otherwise than as maker, drawer, or acceptor is deemed to be 
an endorser, unless he clearly indicates by appropriate words his intention to 
be bound in some other capacity. 

Civ. C. '22, § 3714 ; 1914, XXVIII, 668. 

§ 4666. Signature in Blank Before Delivery. — Where a person, not other- 
wise a party to an instrument, places thereon his signature in blank before de- 
livery, he is liable as endorser in accordance with the following rules : 

(1) If the instrument is payable to the order of a third person, he is liable 
to the payee and to all subsequent parties; 

(2) If the instrument is payable to the order of the maker or drawer, or is 
payable to bearer, he is liable to all parties subsequent to the maker or drawer; 

(3) If he signs for the accommodation of the payee, he is liable to all parties 
subsequent to the payee. 

Civ. C. '22, § 3715 ; 1914, XXVIII, 668. 

§ 4667. What Endorser Warrants. — Every person negotiating an instru- 
ment by delivery or by a qualified endorsement, warrants: 

(1) That the instrument is genuine and in all respects what it purports to 
be; 

(2) That he has a good title to it; 

(3) That all prior parties had capacity to contract; 

(4) That he has no knowledge of any fact which would impair the validity 
of the instrument or render it valuless. 

But when the negotiation is by delivery only, the warranty extends in favor 
of no holder other than the immediate transferee. 

The provisions of Subdivision three of this Section do not apply to persons 
negotiating public or corporate securities, other than bills and notes. 

Civ. C. '22, § 3716 ; 1914, XXVIII, 668. 

§ 4668. What Endorser Without Qualification Warrants. — Every endorser 
who endorses without qualification, warrants to all subsequent holders in due 
course : 

(1) The matters and things mentioned in Subdivisions one, two and three of 
the next preceding Section; and 

(2) That the instrument is at the time of his endorsement valid and sub- 
sisting. 

And, in addition, he engages that on due presentment, it shall be accepted 
or paid, or both, as the case may be, according to its tenor; and that if it be 
dishonored, and the necessary proceedings on dishonor be dul}^ taken, he will 
pay the amount thereof to the holder, or to any subsequent endorser who may 
be compelled to pay it. 

Civ. C. '22, § 3717 ; 1914, XXVIII, 668. 



2263 Civil Code § 4669 

§ 4669. Liabilities of Endorser. — Where a person places his endorsement 
on an instrument negotiable by delivery he incurs all the liabilities of an en- 
dorser. 

Civ. C. '22, § 3718 ; 1914, XXVIII, 668. 

§ 4670. Liability as .Between Endorsers. — As respects one another, en- 
dorsers are liable prima facie in the order in which they endorse ; but evidence 
is admissible to show that as between or among themselves they have agreed 
otherwise. Joint payees or joint endorsers who endorse are deemed to endorse 
jointly and severally. 

Civ. C. '22, § 3719 ; 1914, XXVIII, 668. 

§ 4671. Agent's Negotiation Without Endorsement. — Where a broker or 
other agent negotiates an instrument without endorsement, he incurs all the 
liabilities prescribed by Section 4657 of this Article, unless he discloses the 
name of his principal, and the fact that he is acting only as agent. 

Civ. C. '22, § 3720 ; 1914, XXVIII, 668. 

§ 4672. Presentment for Payment. — Presentment for payment is not neces- 
sary in order to charge the person primarily liable on the instrument; but if 
the instrument is, by its terms, payable at a special place, and he is able and 
willing to pay it there at maturity, such ability and willingness are equivalent 
to a tender of payment upon his part. But except as herein otherwise provided, 
presentment for payment is necessary in order to charge the drawer and 
endorsers. 

Civ. C. '22, § 3721 ; 1914, XXVIII, 668. 

§ 4673. When Presentment Made. — Where the instrument is not payable 
on demand, presentment must be made on the day it falls due. Where it is 
payable on demand, presentment must be made within a reasonable time after 
its issue, except that in the case of a bill of exchange, presentment for pay- 
ment will be sufficient if made within a reasonable time after the last negotia- 
tion thereof. 

Civ. C. '22, § 3722 ; 1914, XXVIII, 668. 

§ 4674. When Presentment Sufficient. — Presentment for payment, to be 
• sufficient, must be made : 

(1) By the holder, or by some person authorized to receive payment on his 
behalf ; 

(2) At a reasonable hour on a business day; 

(3) At a proper place as herein defined; 

(4) To the person primarily liable on the instrument, or if he is absent or 
inaccessible, to any person found at the place where the presentment is made. 

Civ. C. '22, § 3723 ; 1914, XXVIII, 668. 

§ 4675. Place of Presentment. — Presentment for payment is made at the 
proper place : 

(1) Where a place of payment is specified in the instrument and it is there 
presented ; 

(2) Where no place of payment is specified, but the address of the person 
to make payment is given in the instrument and it is there presented; 

(3) Where no place of payment is specified and no address is given and the 
instrument is presented at the usual place of business or residence of the per- 
son to make payment; 

(4) In any other case if presented to the person to make payment wherever 
he can be found, or if presented at his last known place of business or residence. 

Civ. C. '22, § 3724 ; 1914, XXVIII, 668. 



§ 4676 Civil Code 2264 

§ 4676. Instrument to Be Exhibited. — The instrument must be exhibited 
to the person from whom payment is demanded, and when it is paid must be 
delivered up to the party paying it. 

Civ. C. '22, § 3725 ; 1914. XXVIII, 668. 

§ 4677. Payable at Bank. — Where the instrument is payable at a bank, 
presentment for pa;^Tnent must be made during banking hours, unless the per- 
son to make payment has no funds there to meet it at any time during the day, 
in which case presentment at any hour before the bank is closed on that day is 
sufficient. 

Civ. C. '22, § 3726 ; 1914, XXVIII, 668. 

§ 4678. No Place of Pajonent Specified. — AVhere the person primarily lia- 
ble on the instrument is dead, and no place of payment is specified, present- 
ment for payment must be made to his personal representative if such there 
be, and if, with the exercise of reasonable diligence, he can be found. 

Civ. C. '22, § 3727 ; 1914, XXVIII, 668. 

§ 4679. When Persons Liable as Partners. — Where the persons primarily 
liable on the instrument are liable as partners, and no place of payment is 
specified, presentment for payment may be made to any one of them, even though 
there has been a dissolution of the firm. 

Civ. C. '22, § 3728 ; 1914, XXVIII, 668. 

§ 4680. Several Liable. — Where there are several persons, not partners, 
primarily liable on the instrument, and no place of payment is specified, present- 
ment must be made to them all. 

Civ. C. '22, § 3729 ; 1914, XXVIII, 668. 

§ 4681. When Presentment Not Required. — Presentment for pa;\Tnent is 
not required in order to charge the drawer where he has no right to expect or 
require that the drawee or acceptor will pay the instrument. 

Civ. C. '22. § 3730 ; 1914, XXVIII, 668. 

§ 4682. Same. — Presentment for pajTnent is not required in order to charge 
an endorser where the instrument was made or accepted for his accommodation, 
and he has no reason to expect that the instrument will be paid if presented. 

Civ. C. '22. § 3731 ; 1914. XXVIII, 668. 

§ 4683. Delay in Presentment. — Delay in making presentment for pay- 
ment is excused when the delay is caused by circumstances beyond the control 
of the holder, and not imputable to his default, misconduct, or negligence. 
When the cause of delay ceases to operate, presentment must be made with rea- 
sonable diligence. 

Civ. C. '22, § 3732 ; 1914, XXVIII, 668. 

§ 4684. When Dispensed With. — Presentment for payment is dispensed 
with : 

(1) Where after the exercise of reasonable diligence presentment as required 
b^^ this Article cannot be made ; 

(2) Where the drawee is a fictitious person; 

(3) By waiver of presentment, express or implied. 
Civ. C. '22, § 3733 ; 1914, XXVIII, 668. 

§ 4685. When Dishonored by Nonpayment. — The instrument is dishonored 
by nonpayment when : 

(1) It is duly presented for payment and payment is refused or cannot be 
obtained; or 

(2) Presentment is excused and the instrument is overdue and unpaid. 
Civ. C. '22, § 3734 ; 1914, XXVIII, 663. 



2265 CmL Code § 4686 

§ 4686. Right of Holder on Dishonor. — Subject to the provisions of this 
Article, when the instrument is dishonored by nonpayment, an immediate right 
of recourse to all parties secondarily liable thereon accrues to the holder. 

Civ. C. '22, § 3735 ; 1914, XXVIII, 668. 

§ 4687. Payable Without Grace. — Every negotiable instrument is payable 
at the time fixed therein without grace. When day of maturity falls upon Sun- 
day, or a holiday, the instrument is payable on the next succeeding business 
day. Instruments falling due on Saturday are to be presented for payment on 
the next succeeding business day, except that instruments payable on demand 
may, at the option of the holder, be presented for payment before twelve o'clock 
noon on Saturday when that entire day is not a holiday. 

Civ. C. '22, § 3736; Civ. C. '12, § 2529; Civ. C. '02, § 1671; G. S. 1297; R. S. 1399; 
1748, XI, 512; 1914, XXVIII, 668. 

§ 4688. Payable at Fixed Period. — Where the instrument is payable at a 
fixed period after date, after sight, or after the happening of a specified event, 
the time of payment is determined by excluding the day from which the time 
is to begin to run, and by including the date of payment. 

Civ. C. '22, § 3737 ; 1914, XXVIII, 668. 

§ 4689. When Payable at Bank — Order to Pay. — Where the instrument 
is made payable at a bank it is equivalent to an order to the bank to pay the 
same for the account of the principal debtor thereon. 

Civ. C. '22, § 3738 ; 1914, XXVIII, 668. 

§ 4690. When Pa3anent Made in Due Course. — Payment is made in due 
course when it is made at or after the maturity of the instrument to the holder 
thereof in good faith and without notice that his title is defective. 

Civ. C. '22, § 3739 ; 1914, XXVIII, 668. 

§ 4691. Notice of Dishonor. — Except as herein otherwise provided, when 

a negotiable instrument has been dishonored by nonacceptance or nonpayment, 

notice of dishonor must be given to the drawer and to each endorser, and any 

drawer or endorser to whom such notice is not given is discharged. 

Civ. C. '22, § 3740; Civ. C. '12, §§ 2524, 2525; Civ. C. '02, §§ 1666, 1667; G. S. 1292, 
1293; R. S. 1394, 1395; 1712, II, 545, 546; 1914, XXVIII, 668. 

§ 4692. To Whom Given. — The notice may be given by or on behalf of the 
holder, or on behalf of any party to the instrument who might be compelled to 
pay it to the holder, and who, upon taking it up, would have a right to reim- 
bursement from the party to whom the notice is given. 

Civ. C. '22, § 3741; 1712, II, 545, 546; 1914, XXVIII, 668. 

§ 4693. Same. — Notice of dishonor may be given by an agent either in his 
own name or in the name of any party entitled to give notice, whether that 
party be his principal or not. 

Civ. C. '22, § 3742 ; 1914, XXVIII, 668. 

§ 4694. To Whose Benefit Notice Enures. — ^Where notice is given by or 
on behalf of the holder, it enures for the benefit of all subsequent holders and 
all prior parties who have a right of recourse against the party to whom it is 
given. 

Civ. C. '22, § 3743 ; 1914, XXVIII, 668. 

§ 4695. Same. — Where notice is given by or on behalf of a party entitled 
to give notice, it enures for the benefit of the holder and all parties subsequent 
to the party to whom notice is given. 

Civ. C. '22, § 3744 ; 1914, XXVIII. 668. 



§ 4696 Civil Code 2266 

§ 4696. When Agent May Give Notice. — ^Where the instniment has been 
dishonored in the hands of an agent, he may either himself give notice to the 
parties liable thereon, or he may give notice to his principal. If he give notice 
to his principal, he must do so within the same time as if he were the holder, 
and the principal upon the receipt of such notice has himself the same time 
for giving notice as if the agent had been an independent holder. 

Civ. C. '22, § 3745;, 1914, XXVIII, 668. 

§ 4697. What Constitutes Notice. — A written notice need not be signed 
and an insufScient written notice may be supplemented and validated by verbal 
communication. A misdescription of the instrument does not vitiate the notice 
unless the party to whom the notice is given is in fact misled thereby. 

Civ. C, ''^2, § 3746 ; 1914, XXVIII, 668. 

§ 4698. May Be Written or Oral. — The notice may be in writing or merely 
oral and may be given in any terms which sufficiently identify the instrument, 
and indicate that it has been dishonored by nonacceptance or nonpayment. It 
may in all cases be given by delivering it personally or through the mails. 

Civ. C. '22, § 3747 ; 1914, XXVIII, 668. 

§ 4699. To Whom Given. — Notice of dishonor may be given either to the 
party himself or to his agent in that behalf. 

Civ. C. '22, § 3748 ; 1914, XXVIII, 668. 

§ 4700. When Party Dead. — When any party is dead, and his death is 
known to the party giving notice, the notice must be given to a personal rep- 
resentative, if there be one, and if with reasonable diligence he can be found. 
If there be no personal representative, notice may be sent to the last residence 
or last place of business of the deceased. 

Civ. C. '22, § 3749 ; 1914, XXVIII, 668. 

§ 4701. When Parties Are Partners. — Where the parties to be notified are 
partners, notice to any one partner is notice to the firm, even though there has 
been a dissolution. 

Civ. C. '22, § 3750 ; 1914, XXVIII, 668. 

§ 4702. Notice to Joint Parties. — Notice to joint parties who are not 
partners must be given to each of them, unless one of them has authority to 
receive such notice for the others. 

Civ. C. '22, § 3751 ; 1914, XXVIII, 668. 

§ 4703. Notice to Bankrupts. — Where a party has been adjudged a bank- 
rupt or an insolvent, or has made an assignment for the benefit of creditors, 
notice may be given either to the party himself or to his trustee or assignee. 

Civ. C. '22, § 3752 ; 1914, XXVIII, 668. 

§ 4704. When Given. — Notice may be given as soon as the instrument is 
dishonored ; and unless delay is excused as hereinafter provided, must be given 
within the times fixed by this Article. 

Civ. C. '22, § 3753 ; 1914, XXVIII, 668. 

§ 4705. Time Within Which Given.— Where the person giving and the 
person to receive notice reside in the same place, notice must be given within 
the following times: 

(1) If given at the place of business of the person to receive notice, it must 
be given before the close of business hours on the day following ; 

(2) If given at his residence, it must be given before the usual hours of rest 
on the day following; 



2267 Civil Code § 4706 

(3) If sent by mail, it must be deposited in the postoffiee in time to reach 
him in usual course on the day following. 
Civ. C. '22, § 3754 ; 1914, XXVIII, 668. 

§ 4706. Where Parties Reside in Different Places. — Where the person giv- 
ing and the person to receive notice reside in different places, the notice must 
be given within the following times : 

(1) If sent by mail, it must be deposited in the postoffiee in time to go by 
mail the day following the day of dishonor, or if there be no mail at a con- 
venient hour on that day, by the next mail thereafter ; 

(2) If given otherwise than through the postoffiee, then within the time that 
notice would have been received in due course of mail, if it had been deposited 
in the postoffiee within the time specified in the last subdivision. 

Civ. C. '22, § 3755 ; 1914, XXVIII, 668. 

§ 4707. Notice Deposited in Postoffiee. — Where notice of dishonor is duly 
addressed and deposited in the postoffiee, the sender is deemed to have given 
due notice, notwithstanding any miscarriage in the mails. 

Civ. C. '22, § 3756 ; 1914, XXVIII, 668. 

§ 4708. When Deemed Deposited. — Notice is deemed to have been de- 
posited in the postoffiee when deposited in any branch postoffiee or in any letter 
box under the control of the postoffiee department. 

Civ. C. '22, § 3757 ; 1914, XXVIII, 668. 

§ 4709. Receipt of Notice. — Where a party receives notice of dishonor, he 
has, after the receipt of such notice, the same time for giving notice to an- 
tecedent parties that the holder has after the dishonor. 

Civ. C. '22, § 3758 ; 1914, XXVIII, 668. 

§ 4710. Notice Sent to Address Given. — Where a party has added an ad- 
dress to his signature, notice of dishonor must be sent to that address ; but if he 
has not given such address, then the notice must be sent as follows : 

(1) Either to the postoffiee nearest to his place of residence, or to the post- 
offiee where he is accustomed to receive his letters; or 

(2) If he live in one place, and have his place of business in another, notice 
may be sent to either place ; or 

(3) If he is sojourning in another place, notice may be sent to the place where 
he is so sojourning. 

But where the notice is actually received by the party within the time speci- 
fied in this Article, it will be sufficient, though not sent in accordance with 
the. requirements of this Section. 

Civ. C. '22, § 3759 ; 1914, XXVIII, 668. 

§ 4711. Notice May Be Waived. — Notice of dishonor may be waived, either 
before the time of giving notice has arrived, or after the omission to give due 
notice, and the waiver may be express or implied. 

Civ. C. '22, § 3760 ; 1914, XXVIII, 668. 

§ 4712. When Embodied in Instrument. — Where the waiver is embodied in 
the instrument itself, it is binding upon all parties; but where it is written 
above the signature of an endorser, it binds him only. 

Civ. C. '22, § 3761 ; 1914, XXVIII, 668. 

§ 4713. What Waiver of Protest Deemed. — ^A waiver of protest, whether 
in the case of a foreign bill of exchange or other negotiable instrument, is 
deemed to be a waiver not only of a formal protest, but also of presentment 
and notice of dishonor. 

Civ. C. '22, § 3762 ; 1914, XXVIII, 668. 



§ 4714 CivHi Code 2268 

§ 4714. When Dispensed With. — Notice of dishonor is dispensed with 
when, after the exercise of reasonable diligence, it cannot be given to or does 
not reach the parties sought to be charged. 

Civ. C. '22, § 3763 ; 1914, XXVIII, 668. 

§ 4715. Delay in Notice. — Delay in giving notice of dishonor is excused 
when the delay is caused by circumstances beyond the control of the holder and 
not imputable to his default, misconduct or negligence. When the cause of de- 
lay ceases to operate, notice must be given with reasonable diligence. 

Civ. C. '22, § 3764 ; 1914, XXVIII, 668. 

§ 4716. When Notice Not Required. — Notice of dishonor is not required to 
be given the drawer in either of the following cases : 

(1) "Where the drawer and drawee are the same person; 

(2) Where the drawee is a fictitious person or a person not having a capacity 
to contract; 

(3) Where the drawer is the person to whom the instrument is presented 
for payment; 

(4) Where the drawer has no right to expect to require that the drawee or 
acceptor will honor the instrument; 

(5) Where the drawer has countermanded payment. 
Civ. C. '22, § 3765 ; 1914, XXVIII, 668. 

§ 4717. Same. — Notice of dishonor is not required to be given to an en- 
dorser in either of the following cases : 

(1) Where the drawee is a fictitious person or a person not having capacity 
to contract, and the endorser was aware of the fact at the time he endorsed the 
instrument ; 

(2) Where the endorser is the person to whom the instrument is presented 
for payment; 

(3) Where the instrument was made or accepted for his accommodation. 
Civ. C. '22, § 3766 ; 1914, XXVIII, 668. 

§ 4718. Subsequent Notices. — Where due notice of dishonor by nonaccept- 
ance has been given, notice of a subsequent dishonor by nonpayment is not 
necessary, unless in the meantime the instrument has been accepted. 

Civ. C. '22, § 3767 ; 1914, XXVIII, 668. 

§ 4719. Omission of Notice. — An omission to give notice of dishonor by 
nonacceptance does not prejudice the right of a holder in due course subsequent 
to the omission. 

Civ. C. '22, § 3768 ; 1914, XXVIII, 668. 

§ 4720. When Protest Required. — Where any negotiable instrument has 
been dishonored it may be protested for nonacceptance or nonpayment, as the 
case may be; but protest is not required, except in the case of foreign bills of 
exchange. 

Civ. C. '22, § 3769 ; 1914, XXVIII, 668. 

§ 4721. Discharge of Negotiable Instrument. — A negotiable instrument 
is discharged: 

(1) By payment in due course by or on behalf of the principal debtor; 

(2) By payment in due course by the party accommodated, where the instru- 
ment is made or accepted for accommodation ; 

(3) By the intentional cancellation thereof by the holder; . 

(4) By the other act which will discharge a simple contract for the payment 
of money; 



2269 Civil Code § 4722 

(5) When the principal debtor becomes the holder of the instrument at or 
after maturity in his own right. 
Civ. C. '22, § 3770 ; 1914, XXVIII, 668. 

§ 4722. When Secondary Liability Discharged. — A person secondarily lia- 
ble on the instrument is discharged : 

(1) By any act which discharges the instrument; 

(2) By the intentional cancellation of his signature by the holder; 

(3) By the discharge of a prior party; 

(4) By a valid tender of payment made by a prior party; 

(5) By a release of the principal debtor, unless the holder's right of recourse 
against the party secondarily liable is expressly reserved; 

(6) By any agreement binding upon the holder to extend the time of pay- 
ment, or to postpone the holder's right to enforce the instrument, unless 
made with the assent of the party secondarily liable, or unless the right of 
recourse against such party is expressly reserved. 

Civ. C. '22, § 3771 ; 1914, XXVIII, 668. 

§ 4723. When Payment Not Discharged. — Where the instrument is paid 
by a party secondarily liable thereon, it is not discharged; but the party so 
paying it is remitted to his former rights as regards all prior parties, and he 
may strike out his own and all subsequent endorsements, and again negotiate 
the instrument; except: 

(1) Where it is payable to the order of a third person and has been paid by 
the drawer; and 

(2) Where it was made or accepted for accommodation, and has been paid 
by the party accommodated. 

Civ. C. '22, § 3772 ; 1914, XXVIII, 668. 

§ 4724. "Holder May Renounce Rights. — The holder may expressly re- 
nounce his rights against any party to the instrument, before, at or after 
its maturity. An absolute and unconditional renunciation of his rights against 
the principal debtor made at or after the maturity of the instrument discharges 
the instrument. But a renunciation does not affect the rights of a holder in due 
course without notice. A renunciation must be in writing, unless the instrument 
is delivered up to the person primarily liable thereon. 

Civ. C. '22, § 3773 ; 1914, XXVIII, 668. 

§ 4725. Unintentional Cancellation. — A cancellation made unintentionally, 
or under a mistake, or without the authority of the holder, is inoperative ; but 
where an instrument or any signature thereon appears to have been cancelled 
the burden of proof lies on the party who alleges that the cancellation was made 
unintentionally, or under a mistake or without authority. 

Civ. C. '22, § 3774; 1914, XXVIII, 668. 

§ 4726. Alteration of Instrument. — Where a negotiable instrument is ma- 
terially altered without the assent of all parties liable thereon, it is avoided, 
except as against a party who has himself made, authorized or assented to the 
alteration and subsequent endorsers. 

But when an instrument has been materially altered and is in the hands of 
a holder in due course, not a party to the alteration, he may enforce payment 
thereof according to its original tenor. 

Civ. C. '22, § 3775 ; 1914, XXVIII, 668. 

§ 4727. Material Alterations. — Any alteration which changes: 

(1) The date; 

(2) The sum payable, either for principal or interest; 



§-4728 Civil Code 2270 

(3) The time or place of payment; ' 

(4) The number or the relation of the parties; 

(5) The medium or currency in which payment is to be made; 

Or which adds a place of payment where no place of payment is specified, or 
any other change or addition which alters the effect of the instrument in any 
respect is a material alteration. 

€iv. C. '22, § 3776 ; 1914, XXVIII, 668. 

§ 4728. Definition of Bill of Exchange. — A bill of exchange is an uncondi- 
tional order in writing addressed by one person to another, signed by the person 
giving it, requiring the person to whom it is addressed to pay on demand or at 
a fixed or determinable future time a sum certain money to order or to bearer. 

Civ. C. '22, § 3777 ; 1914, XXVIII, 668. 

§ 4729. Bill No Assignment of Funds. — A bill of itself does not operate as 
an assignment of the funds in the hands of the drawee available for the payment 
thereof, and the drawee is not liable on the bill unless and until he accepts the 
same. 

Civ. C. '22, § 3778 ; 1914, XXVIII, 668. 

§ 4730. Two or More Drawees. — A bill may be addressed to two or more 
Idrawees jointly, whether they are partners or not; but not to two or more 
drawees in the alternative or in succession. 

Civ. C. '22, § 3779 ; 1914, XXVIII, 668. 

§ 4731. Inland Bill of Exchange. — An inland bill of exchange is a bill 
which is, or on its face purports to be, both drawn and payable within this State. 
Any other bill is a foreign bill. Unless the contrary appears on the face of the 
bill, the holder may treat it as an inland bill. 

Civ. C. '22, § 3780 ; 1914, XXVIII, 668. 

§ 4732. When Drawer and Drawee Same Person — How Treated. — Where 
in a bill drawer and drawee are the same person, or where the drawee is a ficti- 
tious person, or a person not having capacity to contract, the holder may treat 
the instrument, at his option, either as a bill of exchange or a promissory note. 

Civ. C. '22, § 3781 ; 1914, XXVIII, 668. 

§ 4733. Referee in Case of Need. — The drawer of a bill and any endorser 
may insert thereon the name of a person to whom the holder may resort in case 
of need — that is to say, in case the bill is dishonored by nonacceptance or non- 
payment. Such person is called the referee in case of need. It is in the option of 
the holder to resort to the referee in case of need or not, as he may see fit. 

Civ. C. '22, § 3782 ; 1914, XXVIII, 668. 

§ 4734. Definition of Acceptance. — The acceptance of a bill is the signifi- 
cation by the drawee of his assent to the order of the drawer. The acceptance 
must be in writing and signed by the drawee. It must not express that the drawee 
will perform his promise by any other means than the payment of money. 

Civ. C. '22, § 3783 ; 1914, XXVIII, 668. 

§ 4735. Holder Entitled to Written Acceptance. — The holder of a bill pre- 
senting the same for acceptance may require that the acceptance be written on 
.the bill and, if such request is refused, may treat the bill as dishonored. 

Civ. C. '22, § 3784 ; 1914, XXVIII, 668. 

§ 4736. When Written Acceptance Not Binding. — Where an acceptance is 
written on a paper other than the bill itself, it does not bind the acceptor except 



2271 Civil Code § 4737 

in favor of a person to whom it is shown and who, on the faith thereof, receives 
the bill for value. 

Civ. C. '22, § 3785 ; 1914, XXVIII, 668. 

§ 4737. Written Promises to Accept. — An unconditional promise in writ- 
ing to accept a bill before it is drawn is deemed an actual acceptance in favor 
of every person who, upon the faith thereof, receives the bill for value. 

Civ. C. '22, § 3786 ; 1914, XXVIII, 668. 

§ 4738. Time Allowed to Accept BiU. — The drawee is allowed twenty- 
four hours after presentment in which to decide whether or not he will accept 
the bill; but the acceptance if given dates as of the day of presentation. 

Civ. C. '22, § 3787 ; 1914, XXVIII, 668. 

§ 4739. When Drawee Destroys or Refuses to Return Bill. — Where a 
drawee to whom a bill is delivered for acceptance destroys the same, or refuses 
within twenty-four hours after such delivery, or within such other period as the 
holder may allow, to return the bill accepted or nonaccepted to the holder, he will 
be deemed to have accepted the same. 

Civ. C. '22, § 3788 ; 1914, XXVIII, 668. 

§ 4740. Acceptance of Incomplete BiU. — A bill may be accepted before it 
has been signed by the drawer, or while otherwise incomplete, or when it is over- 
due, or after it has been dishonored by a previous refusal to accept, or by non- 
payment. But when a bill payable after sight is dishonored by nonacceptance 
and the drawee subsequently accepts it, the holder, in the absence of any differ- 
ent agreement, is entitled to have the bill accepted as of the date of the first pre- 
sentment. 

Civ. C. '22, § 3789 ; 1914, XXVIII, 668. 

§ 4741. Kinds of Acceptances. — An acceptance is either general or quali- 
fied. A general acceptance assents without qualification to the order of the draw- 
er. A qualified acceptance in express terms varies the effect of the bill as drawn. 

Civ. C. '22, § 3790 ; 1914, XXVIII, 668. 

§ 4742. General Acceptance. — An acceptance to pay at a particular place 
is a general acceptance unless it expressly states that the bill is to be paid there 
only and not elsewhere. 

Civ. C. '22, § 3791 ; 1914, XXVIII, 668. 

§ 4743. Qualified Acceptance. — An acceptance is qualified which is : 

(1) Conditional — that is to say, which makes payment by the acceptor depend- 
ent on the fulfillment of a condition therein stated; 

(2) Partial — that is to say, an acceptance to pay part only of the amount for 
which the bill is drawn ; 

(3) Local — that is to say, an acceptance to pay only at a particular place; 

(4) Qualified as to time; 

(5) The acceptance of some one or more of the drawees, but not of all. 
Civ. C. '22, § 3792 ; 1914, XXVIII, 668. 

§ 4744. Qualified Acceptance— How Treated.— The holder may refuse to 
take a qualified acceptance, and if he does not obtain an unqualified acceptance 
he may treat the bill as dishonored for nonacceptance. "Where a qualified accept- 
ance is taken, the drawer and endorsers are discharged from liability on the bill, 
unless they have expressly or impliedly authorized the holder to take a qualified 
acceptance, or subsequent assent thereto. When the drawer or an endorser re- 



§ 4745 CmL Code 2272 

ceives notice of a qualified acceptance he must within a reasonable time express 
his dissent to the holder, or he will be deemed to have assented thereto. 
Civ. C. '22, § 3793 ; 1914, XXVIII, 668. 

§ 4745. Presentment for Acceptance. — Presentment for acceptance must 
be made : 

(1) Where the bill is payable after sight, or in any other case where present- 
ment for acceptance is necessary in order to fix the maturity of the instru- 
ment; or 

(2) Where the bill expressly stipulates that it shall be presented for accept- 
ance; or 

(3) Where the bill is drawn payable elsewhere than at the residence or place 
of business of the drawer. 

In no other case is presentment for acceptance necessary in order to render 
any party to the bill liable. 

Civ. C. '22, § 3794 ; 1914, XXVIII, 668. 

§ 4746. When to Be Presented for Acceptance. — Except as herein other- 
wise provided, the holder of a bill which is required by the next preceding Sec- 
tion to be presented for acceptance must either present it for acceptance or nego- 
tiate it within a reasonable time. If he fail to do so, the drawer and all endorsers 
are discharged. 

Civ. C. '22, § 3795 ; 1914, XXVIII, 668. 

§ 4747. Must Be at Reasonable Hour. — Presentment for acceptance must 
be made by or on behalf of the holder at a reasonable hour, on a business day and 
before the bill is overdue, to the drawee or some person authorized to accept or 
refuse acceptance on his behalf ; and 

(1) Where a bill is addressed to two or more drawees who are not partners, 
presentment must be made to them all, unless one has authority to accept or 
refuse acceptance for all, in which case presentment may be made to him only ; 

(2) Where the drawee is dead, presentment may be made to his personal rep- 
resentative ; 

(3) Where the drawee has been adjudged a bankrupt or an insolvent, or has 
made an assignment for the benefit of creditors, presentment may be made to 
him or to his trustee or assignee. 

Civ. C. '22, § 3796 ; 1914, XXVIII, 668. 

§ 4748. What Days May Be Presented. — A bill may be presented for ac- 
ceptance on any day on which negotiable instruments may be presented for pay- 
ment under the provisions of Sections 4674 and 4687 of this Article. When Sat- 
urday is not otherwise a holiday, presentment for acceptance may be made before 
12 'clock noon on that day. 

Civ. C. '22, § 3797 ; 1914, XXVIII, 668. 

§ 4749. Delay in Presentation. — Where the holder of a bill drawn payable 
elsewhere than at the place of business or the residence of the drawee has not 
time, with the exercise of reasonable diligence, to present the bill for acceptance 
before presenting it for payment on the day that it falls due, the delay caused by 
presenting the bill for acceptance before presenting it for payment is excused and 
does not discharge the drawers and endorsers. 

Civ. C. '22, § 3798 ; 1914, XXVIII, 668. 

§ 4750. Presentment When Excused. — Presentment for acceptance is ex- 
cused and a bill may be treated as dishonored by nonacceptance in either of the 
following cases : 



2273 Civil Code § 4751 

(1) Where the drawee is dead, or has absconded, or is a fictitious person, or 
a person not having capacity to contract by bill; 

(2) Where, after the exercise of reasonable diligence, presentment cannot be 
made; 

(3) Where, although presentment has been irregular, acceptance has been 
refused on some other ground. 

Civ. C. '22, § 3799 ; 1914, XXVIII, 668. 

§ 4751. When Nonacceptance Dishonors Bill. — A bill is dishonored by non- 
acceptance : 

(1) When it is duly presented for acceptance and such an acceptance as is 
prescribed by this Article is refused or cannot be obtained ; or 

(2) When presentment for acceptance is excused and the bill is not accepted. 
Civ. C. '22, § 3800 ; 1914, XXVIII, 668. 

§ 4752. When Treated as Dishonored. — Where a bill is duly presented for 
acceptance and is not accepted within the prescribed time, the person presenting 
it must treat the bill as dishonored by nonacceptance, or he loses the right of 
recourse against the drawer and endorsers. 

Civ. C. '22, § 3801 ; 1914, XXVIII, 668. 

§ 4753. Rights Accruing on Dishonor. — When a bill is dishonored by non- 
acceptance, an immediate right of recourse against the drawers and endorsers 
accrues to the holder and no presentment for payment is necessary. 

Civ. C. '22, § 3802 ; 1914, XXVIII, 668. 

§ 4754. Protest. — Where a foreign bill appearing on its face to be such is 
dishonored by nonacceptance, it must be duly protested for nonacceptance, and 
where such a bill which has not previously been dishonored by nonacceptance 
is dishonored by nonpayment, it must be duly protested for nonpayment. If it 
is not so protested, the drawer and endorsers are discharged. Where a bill does 
not appear on its face to be a foreign bill, protest thereof in case of dishonor is 
unnecessary. 

Civ. C. '22, § 3803; Civ. C. '12, §§ 2524, 2525; 1914, XXVIII, 668. 

§ 4755. What Protest Must Specify. — The protest must be annexed to the 
bill, or must contain a copy thereof, and must be under the hand and seal of the 
Notary making it, and must specify : 

(1) The time and place of presentment; 

(2) The fact that presentment was made and the manner thereof; 

(3) The cause or reason for protesting the bill ; 

(4) The demand made and the answer given, if any, or the fact that the 
drawee or acceptor could not be found. 

Civ. C. '22, § 3804 ; 1914, XXVIII, 668. 

§ 4756. Who May Protest. — Protest may be made by : • 

(1) A-Notary Public; or 

(2) By any respectable resident of the place where the bill is dishonored, in 
the presence of two or more credible witnesses. 

Civ. C. '22, § 3805 ; 1914, XXVIII, 668. 

§ 4757. When Protest to Be Made.— AVhen a bill is protested, such protest 
must be made on the day of its dishonor, unless delay is excused as herein pro- 
vided. When a bill has been duly noted, the protest may be subsequently extended 
as of the date of the noting. 

Civ. C. '22, § 3806 ; 1914, XXVIII, 668. 



§ 4758 Civil Code 2274 

§ 4758. Where Protested. — A bill must be protested at the place where it 
is dishonored, except that when a bill drawn payable at the place of business, or 
residence of some person other than the drawee, has been dishonord by nonac- 
ceptance, it must be protested for nonpayment at the place where it is expressed 
to be payable, and no further presentment for payment to, or demand on, the 
drawee is necessary. 

Civ. C. '22, § 3807 ; 1914, XXVIII, 668. 

§ 4759. Protest for Nonpayment. — A bill which has been protested for non- 
acceptance may be subsequently protested for nonpayment. 

Civ. C. '22, § 3808 ; 1914, XXVIII, 668. 

§ 4760. Protest in Case of Bankruptcy. — "Where the acceptor has been ad- 
judged a bankrupt or an insolvent, or has made an assignment for the benefit of 
creditors, before the bill matures, the holder may cause the bill to be protested 
for better security against the drawer and endorsers. 

Civ. C. '22, § 3809 ; 1914, XXVIII, 668. 

§ 4761. When Protest Dispensed With. — Protest is dispensed with by any 
circumstances which would dispense with notice of dishonor. Delay in noting 
or protesting is excused when delay is caused by circumstances beyond the 
control of the holder and not imputable to his default, misconduct, or negligence. 
When the cause of delay ceases to operate, the bill must be noted or protested 
with reasonable diligence. 

Civ. C. '22, § 3810 ; 1914, XXVIII, 668. 

§ 4762. Protest of Lost Bill. — Where a bill is lost or destroyed or is 
wrongly detained from the person entitled to hold it, protest may be made on 
a copy or written particulars thereof. 

Civ. C. '22, ? 3811 ; 1914, XXVIII, 668. 

§ 4763. Acceptance for Honor. — Where a bill of exchange has been pro- 
tested for dishonor by nonacceptance or protested for better security and is 
not overdue, any person not being a party already liable thereon may, with the 
consent of the holder, intervene and accept the bill supra protest for the honor 
of any party liable thereon or for the honor of the person for whose account the 
bill is drawn. The acceptance for honor may be for part only of the sum for 
which the bill is drawn ; and where there has been an acceptance for honor for 
one party, there may be a further acceptance by a different person for the honor 
of another party. 

Civ. C. '22, § 3812 ; 1914, XXVIII, 668. 

§ 4764. Must Be Written. — An acceptance for honor supra protest must 
be in writing and indicate that it is an acceptance for honor, and must be 
signed by the acceptor for honor. 

Civ. C. '22, § 3813 ; 1914, XXVIII, 668. 

§ 4765. For Whose Honor Made. — Where an acceptance for honor does 
not expressly state for whose honor it is made, it is deemed to be an acceptance 
for the honor of the drawer. 

Civ. C. '22, § 3814 ; 1914, XXVIII, 668. 

§ 4766. To Whom Acceptor for Honor Liable. — The acceptor for honor is 
liable to the holder and to all parties to the bill subsequent to the party for 
whose honor he has accepted. 

Civ. C. '22, § 3815 ; 1914, XXVIII, 668. 

§ 4767. Obligation of Acceptor for Honor. — The acceptor for honor by 
such acceptance engages that he will on due presentment pay the bill according 



2275 CmL Code § 4768 

to the terms of his acceptance, provided it shall not have been paid by the 
drawee, and provided, also, that it shall have been duly presented for payment 
and protested for nonpayment and notice of dishonor given to him. 
Civ. C. '22, § 3816 ; 1914, XXVIII, 668. 

§ 4768. Calculation of Time. — Where a bill payable after sight is accepted 
for honor, its maturity is calculated from the date of the noting for nonaccept- 
ance and not from the date of the acceptance for honor. 

Civ. C. '22, § 3817 ; 1914, XXVIII, 668. 

§ 4769. Acceptance for Honor Supra Protest. — ^Where a dishonored bill has 
been accepted for honor supra protest or contains a reference in case of need, 
it must be protested for nonpayment before it is presented for paymnt to the 
acceptor for honor or referee in case of need. 

Civ. C. '22, § 3818 ; 1914, XXVIII, 668. 

§ 4770. How Presentment for Payment Made. — Presentment for payment 
to the acceptor for honor must be made as follows : 

(1) If it is to be presented in the place where the protest for nonpayment 
was made, it must be presented not later than the day following its maturity ; 

(2) If it is to be presented in some other place than the place where it was 
protested, then it must be forwarded within the time specified in Section 104. 

Civ. C. '22, § 3819 ; 1914, XXVIII, 668. 

§ 4771. When Provisions of Section 4683 Applied. — The provisions of Sec- 
tion 4683 apply where there is delay in making presentment to the acceptor for 
honor or referee in case of need. 

Civ. C. '22, § 3820 ; 1914, XXVIII, 668. 

§ 4772. Protest for Nonpayment by Acceptor for Honor. — Where the bill 
is dishonored by the acceptor for honor it must be protested for nonpayment by 
him. 

Civ. C. '22, § 3821 ; 1914, XXVIII, 668. 

§ 4773. Payment for Honor. — Where a bill has been protested for nonpay- 
ment, any person may intervene and pay it supra protest for the honor of any 
person liable thereon or for the honor of the person for whose account it was 
drawn. 

Civ. C. '22, § 3822 ; 1914, XXVIII, 668. 

§ 4774. Payment for Honor Supra Protests. — The payment for honor su- 
pra protests, in order to operate as such and not as a mere voluntary payment, 
must be attested by a notarial act of honor, which may be appended to the 
protest or form an extension to it. 

Civ. C. '22, § 3823 ; 1914, XXVIII, 668. 

§ 4775. Notarial Act of Honor. — The notarial act of honor must be founded 
on a declaration made by the payer for honor or by his agent in that behalf de- 
claring his intention to pay the bill for honor and for whose honor he pays. 

Civ. C. '22, § 3824 ; 1914, XXVIII, 668. 

§ 4776. Payees for Honor. — Where two or more persons offer to pay a bill 
for the honor of different parties, the person whose payment will discharge most 
parties to the bill is to be given the preference. 

Civ; C. '22, § 3825 ; 1914, XXVIII, 668. 

§ 4777. Discharge by Payment for Honor. — Where a bill has been paid for 
honor, all parties subsequent to the party for whose honor it is paid are dis- 
charged, but the payer for honor is subrogated for, and succeeds to, both the 



§ 4778 Gt^iL Code 2276 

rights and duties of the holder as regards the party for whose honor he pays 
and all parties liable to the latter. 
Civ. C. '22. § 3826 ; 1914, XXVIII, 668. 

§ 4778. Refusal to Receive Pajnnent Supra Protest. — Where the holder of 
a bill refuses to receive payment supra protest, he loses his right of recourse 
against any party who would have been discharged by such payment. 

Civ. C. '22, § 3827; 1914, XXVIII, 668. 

§ 4779. Rights of Payer for Honor. — The payer for honor, on paying to 
the holder the amount of the bill and the notarial expenses incident to its dis- 
honor, is entitled to receive both the bill itself and the protest. 

Civ. C. '22, § 3828 ; 1914, XXVIII, 668. 

§ 4780. Bills in a Set. — Where a bill is drawn in a set, each part of the set 
being numbered and containing a reference to the other parts, the whole of the 
parts constitute one bill. 

Civ. C. '22, § 3829 ; 1914, XXVIII, 668. 

§ 4781. Title to Bills in a Set. — Where two or more parts of a set are ne- 
gotiated to different holders in due course, the holder whose title first accrues 
is as between such holder the true owner of the bill. But nothing in this Section 
affects the rights of a person who in due course accepts or pays the part first 
presented to him. 

Civ. C. '22, § 3880 ; 1914, XXVIII, 668. 

§ 4782. Liability of Endorser. — Where the holder of a set endorses two 
or more parts to different persons, he is liable on every such part, and every 
endorser subsequent to him is liable on the part he has himself endorsed as if 
such parts were separate bills. 

Civ. C. '22, § 3831 ; 1914, XXVIII, 668. 

§ 4783. Acceptance Where Written. — The acceptance may be written on 
any part and it must be written on one part only. If the drawee accepts more 
than one part, and such accepted parts are negotiated to different holders in due 
course, he is liable on every such part as if it were a separate bill. 

Civ. C. '22, § 3832 ; 1914, XXVIII, 668. 

§ 4784. Payment Without Surrender of Part Bearing Acceptance. — When 
the acceptor of a bill drawn in a set pays it without requiring the part bearing 
his acceptance to be delivered up to him, and that part at maturity is outstand- 
ing in the hands of a holder in due course, he is liable to the holder thereon. 

Civ. C. '22, § 3833 ; 1914, XXVIII, 668. 

§ 4785. When Whole Bill Discharged. — Except as herein otherwise pro- 
vided, where any one part of a bill drawn in a set is discharged by payment or 
otherwise the whole bill is discharged. 
Civ. C. '22, § 3834 ; 1914, XXVIII, 668. 

§ 4786. Definition of Promissory Note.— A negotiable promissory not6 
within the meaning of this Article is an unconditional promise in writing made 
by one person to another signed by the maker engaging to pay on demand, or at 
a fixed or determinable future time, a sum certain in money to order or to 
bearer. Where a note is drawn to the maker's own order, it is not complete 
until endorsed by him. 

Civ. C. '22, § 3835 ; 1914, XXVIII, 668. 

§ 4787. Definition of Check. — A check is a bill of exchange drawn on a 
bank payable on demand. Except as herein otherwise provided, the provisions 



2277 CmL Code § 4788 

of this Article applicable to a bill of exchange payable on demand apply to a 
cheek. 

Civ. C. '22, § 3836 ; 1914, XXVIII, 668. 

§ 4788. When Presented for Payment. — A check must be presented for 
payment within a reasonable time after its issue or the drawer will be discharged 
from liability thereon to the extent of the loss caused by the delay. 

Civ. C. '22, § 3837 ; 1914, XXVIII, 668. 

§ 4789. Certified Check. — Where a check is certified by the bank on which 
it is drawn, the certification is equivalent to an acceptance. 
Civ. C. '22, § 3838 ; 1914, XXVIII, 668. 

§ 4790. Effect of Certification on Endorsers. — Where the holder of a check 
procures it to be accepted or certified the drawer and all endorsers are discharged 
from liability thereon. 

Civ. C. '22, § 3839 ; 1914, XXVIII, 668. 

§ 4791. Check Not Assignment of Funds. — ^A check of itself does not oper- 
ate as an assignment of any part of the funds to the credit of the drawer with 
the bank, and the bank is not liable to the holder unless and until it accepts or 
certifies the check. 

Civ. C. '22, § 3840 ; 1914, XXVIII, 668. 

§ 4792. Designation of Article. — This Article shall be known as the Ne- 
gotiable Instruments Law. 

Civ. C. '22, § 3841 ; 1914, XXVIII, 668. 

§ 4793. Definitions. — In this Article unless the context otherwise requires : 

"Acceptance" means an acceptance completed by delivery or notification, 

"Action" includes counterclaim and set-off. 

"Bank" includes any person or association of persons carrying on the busi- 
ness of banking, whether incorporated or not. 

"Bearer" means the person in possession of a bill or note which is payable 
to bearer. 

"Bill" means bill of exchange, and "note" means negotiable promissory note. 

"Delivery" means transfer of possession, actual or constructive, from one 
person to another. 

"Holder" means the payee or endorsee of a bill or note, who is in possession 
of it, or the bearer thereof. 

"Endorsement" means an endorsement completed by delivery. 

"Instrument" means negotiable instrument. 

"Issue" means the first delivery of the instrument, complete in form to a 
person who takes it as a holder, 

"Person" includes a body of persons, whether incorporated or not. 

"Value" means valuable consideration. 

"Written" includes printed, and "writing" includes print. 

Civ. C, '22, § 3842 ; 1914, XXVIII, 668. 

§ 4794. Same. — The person "primarily" liable on an instrument is the 
person who by the terms of the instrument is absolutely required to pay the 
same. All other parties are "secondarily" liable. 

Civ. C. '22, § 3843 ; 1914, XXVIII, 668. 

§ 4795. Same. — In determining what is a "reasonable time" or an "un- 
reasonable time ' ' regard is to be had to the nature of the instrument, the usage 
of trade or business (if any) with respect to such instruments, and the facts of 
the particular case. 

Civ. C. '22, § 3844 ; 1914, XXVIII, 668. 



§ 4796 Civil Code 2278 

§ 4796. When Act to Be Done Falls on Sunday. — Where the day, or the 
last day, for doing any act herein required or permitted to be done falls on 
Sunday or on a holiday, the act may be done on the next succeeding secular 
or business day. 

Civ. C. '22, § 3845 ; 1914, XXVIII, 668. 

I 4797. Not Retroactive. — The provisions of this Article do not apply to 
negotiable instruments made and delivered prior to the passage hereof. 
Civ. C. '22, § 3846 ; 1914, XXVIII, 668. 

§ 4798. Law Merchant. — In any case not provided for in this Article the 
rules of the law merchant shall govern. 
Civ. C. '22, § 3847 ; 1914, XXVIII, 668. 



ARTICLE 4 
Collections by Banks 

4799. Definitions. 4806. Items Lost in Transit. 

4800. Bank as Agent for Collection. 4807. Medium of Payment. 

4801. Item on Same Bank. 4S0S. Medium of Remittance. 

4802. Endorsements, for Deposit, Pay any 4809-10. Items Presented by Mail. 
Banker. 4811. Insolvency and Preferences. 

4803. Duty of Bank as Collecting Agent. 4812, 4814. Construction of Article. 

4804. Care in Forwarding and Presentment. 4813. Cases not Provided for. 

4805. Items Received Through Mail. 4815-16. Items Forward for Collection. 

§ 4799. Collection by Banks of Instruments for Payment of Money — Defi- 
nitions. — For the purposes of this Article (a) Bank. The term "bank" shall 
include any person, firm or corporation engaged in the business of receiving 
and paying deposits of money within this State. A branch or office of any such 
bank shall be deemed a bank for the purpose of this Article, (b) Item. The term 
''item" means any check, note or other instrument pro^dding for the paj^ment 
of money. 

1930, XXXVI, 1368. 

§ 4800. Bank is Agent for Collection. — Except as otherwise provided by 
agreement and except as to subsequent holders of a negotiable instrument pay- 
able to bearer or endorsed specially or in blank, where an item is deposited or 
received for collection, the bank of deposit shall be agent of the depositor for 
its collection and each subsequent collecting bank shall be subagent of the de- 
positor but shall be authorized to follow the instructions of its immediate for- 
warding bank and any credit given by any such agent or subagent bank there- 
for shall be revocable until such time as the proceeds are received in actual 
money or an unconditional credit given on the books of another bank, which 
such agent has requested or accepted. Where any such bank allows any revocable 
credit for an item to be withdrawn, such agency relation shall nevertheless con- 
tinue except the bank shall have all the rights of an owner thereof against 
prior and subsequent parties to the extent of the amount withdrawn. 

1930, XXXVI, 1368. 

§ 4801. Item on Same Bank. — A credit given by a bank for an item drawn 
on or payable at such bank shall be provisional, subject to revocation at or be- 
fore the end of the day on which the item is deposited in the event the item 
is found not payable for any reason. Whenever a credit is given for an item 
deposited after banking hours such right of revocation may be exercised during 
the following business day. 

1930, XXXVI, 1368. 



2279 CmL Code § 4802 

§ 4802. Indorsement for Deposit and Indorsement, Pay Any Bank. — ^An 

indorsement of any item by the payee or other depositor "for deposit" shall 
be deemed a restrictive indorsement and indicate that the indorsee bank is an 
agent for collection and not owner of the item. 

An indorsement ' ' pay any bank or banker ' ' or having equivalent words shall 
be deemed a restrictive indorsement and shall indicate the creation of any agency 
relation in any subsequent bank to whom the paper is forwarded unless coupled 
with words indicating the creation of a trustee relationship; and such indorse- 
ment or other restrictive endorsement whether creating an agency or trustee 
relationship shall constitute a guaranty by the indorser to all subsequent holders 
and to the drawee or payor of the genuineness of and the authority to make prior 
indorsements and also to save the drawee or payor harmless in the event any 
prior indorsement appearing thereon is defective or irregular in any respect 
unless such indorsement is coupled with appropriate words disclaiming such 
liafeility as guarantor. 

Where a deposit item is payable to bearer or indorsed by the depositor in 
blank or by special indorsement, the fact that such item is so payable or in- 
dorsed shall not change the relation of agent of the bank of deposit to the de- 
positor, but subsequent holders shall have the right to rely on the presumption 
that the bank of deposit is the owner of the item. The indorsement of an item 
by the bank of deposit or by any subsequent holder in blank or by special in- 
dorsement or its delivery when payable to bearer, shall carry the presumption 
that the indorsement or transferee is owner provided there is nothing upon the 
face of the paper or in any prior indorsement to indicate an agency or trustee 
relation of any prior party. But where an item is deposited or is received for 
collection indorsed specially or in blank, the bank may convert such an indorse- 
ment into a restrictive indorsement by writing over the signature of the in- 
dorser the words "for deposit" or "for collection" or other restrictive words 
to negative presumption that such bank of deposit or indorse bank is owner; 
and in the case of an item deposited or received for collection payable to 
bearer, may negative such presumption by indorsing thereon the words "re- 
ceived for deposit" or "received for collection'" or words of like import. 

1930, XXXVI, 1368. 

§ 4803. Duty of Bank as Collecting Agent. — It shall be the duty of the 
initial or any subsequent agent collecting bank to exercise ordinary care in the 
collection of an item and when such duty is performed such agent bank shall 
not be responsible if for any cause payment is not received in money or an un- 
conditional credit given on the books of another bank, which such agent bank 
has requested or accepted. An initial or subsequent agent collecting bank shall 
be liable for its own lack of exercise of ordinary care but shall not be liable for 
the neglect, misconduct, mistakes or defaults of any other agent bank or of the 
drawee or payor bank. 

1930, XXXVI, 1368. 

§ 4804. Rules or Ordinary Care in Forwarding and Presentment. — (a) 

Where an item is received on deposit or by a subsequent agent bank for 
collection, payable in another town or city, it shall be deemed the exercise of 
ordinary care to forward such item by mail, not later than the business day 
next following its receipt (1) direct to the drawee or payor in the event such 
drawee or payor is a bank or (2) to another bank collecting agent according to 
the usual banking custom, either located in the town or city where the item 
is payable or in another town or city. 



§ 4805 Civil Code 2280 

(b) Where an item is received on deposit or by a subsequent agent bank 
for collection, payable by or at another bank in the same town or city in which 
said agent bank is located, it shall be deemed the exercise of ordinary care to 
present the item for payment at any time not later than the next business day 
following the day oii which the item is received either (1) at the counter of the 
drawee or payor by agent or messenger or (2) through the local clearing house 
under the regular established procedure, or according to the usual banking 
custom where the collecting or payor bank is located in an outlying district. 

(c) The designation of the above methods shall not exclude any other .method 
of forwarding or presentment which under existing rules of law would con- 
stitute ordinary care. 

1930, XXXVI, 1368. 

§ 4805. Items Eeceived Through the Mail. — Where the item is received by 
mail by a solvent drawee or payor bank, it shall be deemed paid when the 
amount is finally charged to the account of the maker or drawer. 

1930, XXXVI, 1368. 

§ 4806. Items Lost in Transit. — Where an agent bank forwards an item 
for collection, it shall not be responsible for its loss or destruction in transit, 
or, when in the possession of others, for its inability to repossess itself thereof, 
provided there has been no lack of ordinary care on its part. 

1930, XXXVI, 1368. 

§ 4807. Medium of Payment. — Where ordinary care is exercised, any agent 
collecting bank may receive in payment of an item without becoming responsi- 
ble as debtor therefor, whether presented by mail, through the clearing house 
or over the counter of the drawee or payor, in lieu of money, either (a) the 
check or draft of the drawee or payor upon another bank or (b) the check or 
draft of any other bank upon any bank other than the drawee or payor of 
the item or (c) such method of settlement as may be customary in a local 
clearing house or between clearing banks or otherwise ; provided that whenever 
such agent collecting bank shall request or accept in payment an unconditional 
credit which has been given to it on the books of the drawee or payor or on the 
books of any other bank, such agent collecting bank shall become debtor for 
such item and shall be responsible therefor as if the proceeds were actually 
received by it in money. 

1930, XXXVI, 1368. 

§ 4808. Medium of Remittance. — Where ordinary care is exercised, and 
agent collecting bank may receive from any subsequent bank in the chain of 
collection in remittance for an item which has been paid, in lieu of money, the 
check or draft of the remitting bank upon any bank other than itself or the 
drawee or payor of the item or such other method of settlement as may be 
customary: Provided, That whenever such agent collecting bank shall request 
or accept an unconditional credit which has been given to it on the books of the 
remitting bank or on the books of any other bank, such agent collecting bank 
shall become debtor for such item and shall be responsible therefor as if the 
proceeds were actually received by it in money. 

1930, XXXVI, 1368. 

§ 4809. Election to Treat as Dishonored Items Presented by Mail. — Where 
an item is duly presented by mail to the drawee or payor, whether or not the 
same has been charged to the account of the maker or drawer thereof or re- 
turned to such maker or drawer, the agent collecting bank so presenting may at 
its election, exercised with reasonable diligence, treat such item as dishonored 



2281 Civil Code § 4810 

by nonpayment and recourse may be had upon prior parties thereto in any of 
the following cases: 

(1) Where the check or draft of drawee or payor bank upon another bank 
received in payment therefor shall not be paid in due course ; 

(2) Where the drawee or payor bank shall without request or authority 
tender as payment its own check or draft upon itself or other instrument upon 
which it is primarily liable ; 

(3) Where the drawee or payor bank shall give an unrequested or unau- 
thorized credit therefor on its books or the books of another bank ; or 

(4) Where the drawee or payor shall retain such item without remitting 
therefor on the day of receipt or on the day of maturity if payable otherwise 
than on demand and received by it prior to or on such day of maturity. 

Provided, however, That in any case where the drawee or payor bank shall 
return any such item unpaid not later than the day of receipt or of maturity 
as aforesaid in the exercise of its right to make payment only at its own 
counter, such item cannot be treated as dishonored by nonpayment and the 
delay caused thereby shall not relieve prior parties from liability. 

Provided, further. That no agent collecting bank shall be liable to the owner 
of an item where, in the exercise of ordinary care in the interest of such owner, 
it makes or does not make the election above provided or take such steps as it 
may deem necessary in cases (2), (3) and (4) above. 

1930, XXXVI, 1368. 

§ 4810. Notice of Dishonor of Items Presented by Mail. — In case of the 
dishonor of an item duly presented by mail as provided for the next preceding 
section, notice of dishonor of such item to prior parties shall be sufficient if 
given with reasonable diligence after such dishonor; and further in the event 
of failure to obtain the return of any such item notice of dishonor may be given 
upon a copy or written particulars thereof, and delay in giving notice of dis- 
honor caused by an attempt with reasonable diligence to obtain return of such 
item shall be excused. 

1930, XXXVI, 1368. 

§ 4811. Insolvency and Preferences. — When the drawee or payor, or any 
other agent collecting bank shall fail or be closed for business by the State 
Bank Examiner or by action of the Board of Directors or by other proper legal 
action, after an item shall be mailed or otherwise entrusted to it for collection 
or payment but before the actual collection or payment thereof, it shall be the 
duty of the receiver or other official in charge of its assets to return such item, 
if same is in his possession, to the forwarding or presenting bank with reasonable 
diligence. 

(2) Except in cases where an item or items is treated as dishonored by non- 
payment as provided in Section 4809, when a drawee or payor bank has pre- 
sented to.it for payment an item or items drawn upon or payable by or at such 
bank and at the time has on deposit to the credit of the maker or drawer an 
amount equal to such item or items and such drawee or payor shall fail or close 
for business as above, after having charged such item or items to the account 
of the maker or drawer thereof or otherwise discharged his liability thereon but 
without such item or items having been paid or settled for by the drawee or 
payor either in money or by an unconditional credit given on its books or on the 
books of any other bank, which has been requested or accepted so as to con- 
stitute such drawee or payor or other bank debted therefor, the assets of such 
drawee or payor shall be impressed with a trust in favor of the owner or owners 
of such item or items for the amount thereof, or for the balance payable upon 



§ 4812 CmL Code 2282 

a number of items which have been exchanged, and such owner or owners shall 
be entitled to a preferred claim upon such assets, irrespective of whether the 
fund representing such item or items can be traced and identified as part of 
such assets or has been intermingled with or converted into other assets of such 
failed bank. 

(3) Where an agent collecting bank other than the drawee or payor shall 
fail or be closed for business as above, after having received in any form the 
proceeds of an item or items entrusted to it for collection, but without such item 
or items having been paid or remitted for by it either in money or by an uncon- 
ditional credit given on its books or on the books of any other bank which has 
been requested or accepted so as to constitute such failed collecting or other 
bank debtor therefor, the assets of such agent collecting bank which has failed 
or been closed for business as above shall be impressed with a trust in favor 
of the owner or owners of such item or items for the amount of such proceeds 
and such owner or owners shall be entitled to a preferred claim upon such 
assets, irrespective of whether the fund representing such item or items can be 
traced and identified as part of such assets or has been intermingled with or 
converted into other assets of such failed bank. 

19B0, XXXVI, 1368. 

§ 4812. Article not Retroactive. — The provisions of this Article shall not 
apply to transactions taking place prior to the time when it takes effect. 
1930, XXXVI, 1368. 

§ 4813. Cases not Provided for in Article. — In any case not provided for ' 
in this Article the rules of law and equit}^, including the law merchant and those 
rules of law and equity relating to trusts, agencj^, negotiable instruments and 
banking shall continue to applj^ 

1930, XXXVI, 1368. 

§ 4814. Uniformity of Interpretation. — This Article shall be so interpreted 
and construed as to effectuate its general purpose to make uniform the law of 
those States which enact it. 

1930, XXXVI, 1368. 

§ 4815. Rights of Banks in Forwarding Items for Collection — Proviso. — 

Any bank, banker or trust company hereinafter called bank, organized under 
the laws of, or doing business in this State, receiving for collection or deposit 
any check, note or other negotiable instrument drawn upon or payable at any 
other bank, located in another city or town, whether within or without this 
State, may, at its own option, forward such instrument for collection directly to 
the bank on which it is drawn, or at which it is made payable, and such method 
of forwarding direct to the payer shall be deemed due diligence, nor shall it 
be deemed negligence for such collecting bank to accept from the bank upon 
which such instrument is drawn, or at which it is payable, its draft upon any 
other bank, and the failure of such payor bank, because of its insolvency or other 
default, to account for the proceeds thereof, shall not render the forwarding 
bank liable therefor : Provided, however, Such forwarding bank shall have used 
due diligence in other respects in connection with the collection of such instru- 
ment. 

1927, XXXV, 369. 

§ 4816. Items Sent for Collection a Trust Fund — Lien. — All items sent by 
a bank, whether located within or without the State of South' Carolina, to a 
bank in South Carolina for collection, are hereby declared to be a Trust Fund, 
and shall be a prior lien on any unassigned assets of such collecting bank. 

1927, XXXV, 369. 



2283 



Civil Code 



§ 4817 



CHAPTER 50 
Bills of Lading 



4817. Law Applicable. 

4818. Essential Terms. 

4819. Optional Terms. 

4820. Nonnegotiable Bill. 

4821. Negotiable Bill. 

4822. Bills in Sets. 

4823-i, 4866. Marking Duplicates and Non- 
negotiable Bills. 

4825. Insertion of Person to Be Notified. 

4826. Acceptance of Bill. 

4827. Carrier's Duty to Deliver. 

4828. Justification in Delivering. 

4829. Liability for Misdelivery. 
4830-1. Cancellation upon Delivery. 

4832. Altered Bills. 

4833. Lost or Destroyed Bills. 

4834. Duplicate Bills. 

4835. Claim of Title in Carrier. 

4836. Interpleader of Adverse Claimants. 

4837. Time for Determining Validity of 
Claims. 

4838. Adverse Title. ' 

4839. Liability for Nonreceipt or Misde- 
scription. 

Attachment or Levy. 
Creditor's Remedies. 
Statement of Charges for Which Lien 
Claimed. 
Effect of Sale. 



4840, 
4841, 

4842. 



4843. 



4844. Negotiation by Delivery. 

4845. Negotiation by Endorsement. 

4846. Transfer of Bills. 

4847. Person Negotiating Bills. 

4848. Person to whom Bills Negotiated. 

4849. Rights of Transferee. 

4850. Transfer without Endorsement. 

4851. Warranties on Sale of Bill. 

4852. Endorser not a Guarantor. 

4853. Accepting Payment, no Warranty. 

4854. Fraud, Conversion, etc. 

4855. Subsequent Negotiations. 

4856. Rights of Buyer and Seller. 

4857. Payment and Acceptance of Drafts. 

4858. Negotiation Defeats Vendor's Lien. 

4859. Mortgagees and Lien Holders. 

4860. Bill for Goods not Received. 

4861. Bill Containing False Statement. 

4862. Duplicate Bills not So Marked. 

4863. Bill for Mortgaged Goods. 

4864. Bill when Goods not in Carrier's Pos- 
session. 

4865. Inducing Issuance of Bill when Goods 
not Received. 

4867. Cases not Provided For. 

4868. Uniform Interpretation. 

4869. Definitions. 

4870. No Application to Existing Bills. 



§ 4817. Bills Governed by This Chapter. — Bills of Lading issued by any 
common carrier shall be governed by this Chapter. 
1930, XXXVI, 1077. 

§ 4818. Forms of Bills — Essential Terms. — Every bill must embody within 
its written or printed terms: 

(a) The date of its issue, 

(b) The name of the person from whom the goods have been received, 

(c) The place where the goods have been received, 

(d) The place to which the goods are to be transported, 

(e) A statement whether the goods received will be delivered to a specified 
person, or to the order of a specified person, 

(f) A description of the goods or of the packages containing them which 
may, however, be in such general terms as are referred to in Section 4839, and 

(g) The signature of the carrier. 

A negotiable bill shall have the words "order of" printed thereon imme- 
diately before the name of the person upon whose order the goods received are 
delivered. 

A carrier shall be liable to any person injured thereby for the damage caused 
by the omission from a negotiable bill of any of the provisions required in this 
Section. 

1930, XXXVI, 1077, 

§ 4819. Forms of Bills— What Terms May be Inserted. — A carrier may 
insert in a bill, issued by him, any other terms and conditions, provided that 
such terms and conditions shall not: 

(a) Be contrary to law or public policy, or 



§ 4820 Civil Code 2284 

(b) In anywise impair his obligation to exercise at least that degree of care 
in the transportation and safekeeping of the goods entrusted to him which a 
reasonably careful man would exercise in regard to similar goods of his own. 

1930, XXXVI, 1077. 

§ 4820. Definition of Nonneg-otiable or Straight Bill. — A bill in which it 
is stated that the goods are consigned or destined to a specified person, is a non- 
negotiable or straight bill. 

1930, XXXVI, 1077. 

§ 4821. Definition of Negotiable or Order Bill. — A bill in which it is stated 
that the goods are consigned or destined to the order of any person named in 
such bill, is a negotiable or order bill. 

Any provision in sijch a bill that it is nonnegotiable shall not afEect its ne- 
gotiability within the meaning of this Chapter. 

1930, XXXVI, 1077. 

§ 4822. Negotiable Bills Must Not be Issued in Sets. — Negotiable bills 
issued in this State for the transportation of goods to any place in the United 
States on the Continent of North America, except Alaska, shall not be issued 
in parts or sets. 

If so issued the carrier issuing them shall be liable for failure to deliver the 
goods described therein to anyone who purchases a part for value in good 
faith, even though the purchase be after the delivery of the goods by the carrier 
to a holder of one of the other parts. 

1930, XXXVI, 1077. 

§ 4823. Duplicate Negotiable BiUs Must be so Marked. — AYhen more than 
one negotiable bill is issued in this State for the same goods to be transported to 
any place in the United States on the continent of North America, except 
Alaska, the word ' ' duplicate ' ' or some other word or words indicating that the 
document is not an original bill shall be placed plainly upon the face of every 
such bill, except the one first issued. A carrier shall be liable for the damage 
caused by his failure so to do to any one who has purchased the bill for value 
in good faith as an original, even though the purchase be after the delivery of 
the goods by the carrier to the holder of the original bill. 

1930, XXXVI, 1077. 

§ 4824. Nonnegotiable Bills Shall Be So Marked. — A nonnegotiable bill 
shall have placed plainly upon its face by the carrier issuing it "nonnegotiable" 
or "not negotiable." 

This Section shall not apply, however, to memoranda or acknowledgments 
of an informal character. 

1930, XXXVI, 1077. 

§ 4825. Insertion of Person to Be Notified. — The insertion in a negotiable 
bill of the name of a person to be notified of the arrival of the goods shall not 
limit the negotiability of the bill, or constitute notice to a purchaser thereof of 
any rights or equities of such person in the goods. 

1930, XXXVI, 1077. 

§ 4826. Acceptance of BiH Indicates Assent to its Terms. — Except as other- 
wise provided in this Chapter where a consignor receives a bill and makes no 
objection to its terms or conditions at the time he receives it, neither the con- 
signor nor any person who accepts delivery of the goods, nor any person who 
seeks to enforce any provision of the bill, shall be allowed to deny that he is 



2285 Civil Code § 4827 

bound by sucb terms and conditions, so far as they are not contrary to law or 
public policy. 

1930, XXXVI, 1077. 

§ 4827. Obligation of Carrier to Deliver. — A carrier, in the absence of some 
lawful excuse, is bound to deliver goods upon a demand made either by the 
consignee named in the bill for the goods, or if the bill is negotiable, by the 
holder thereof, if such demand is accompanied by: 

(a) An offer in good faith to satisfy the carrier's lawful lien upon the goods; 

(b) An offer in good faith to surrender, properly indorsed, the bill which was 
issued for the goods, if the bill is negotiable, and 

(c) A readiness and willingness to sign, when the goods are delivered, and 
acknowledgment that they have been delivered, if such signature is requested 
by the carrier. 

In case the carrier refuses or fails to deliver the goods in compliance with a 
demand by the consignee or holder so accompanied, the burden shall be upon 
the carrier to establish the existence of a lawful excuse for such refusal or 
failure. 

1930, XXXVI, 1077. 

§ 4828. Justification of Carrier in Delivering. — A carrier is justified, sub- 
ject to the provisions of the three following Sections, in delivering goods to one 
who is: 

(a) A person lawfully entitled to the possession of the goods, or 

(b) The consignee named in a nonnegotiable bill for the goods, or 

(c) A person in possession of a negotiable bill for the goods by the terms, 
of which the goods are deliverable to his order, or which has been indorsed to 
him or in blank by the consignee or by the mediate or immediate indorsee of 
the consignee. 

1930, XXXVI, 1077. 

§ 4829. Carrier's Liability for Misdelivery. — Where a carrier delivers 
goods to one who is not lawfully entitled to the possession of them, the carrier 
shall be liable to anyone having a right of property or possession in the goods 
if he delivered the goods otherwise than as authorized by subdivision (b) and 
(c) of the preceding Section; and, though he delivered the goods as authorized 
by either of said subdivisions, he shall be so liable if, prior to such delivery, he : 

(a) Had been requested by or on behalf of a person having a right of prop- 
erty or possession in the goods, not to make such delivery, or 

(b) Had information at the time of the delivery that it was to a person not 
lawfully entitled to the possession of the goods. A request or information to be 
effective within the meaning of this Section must be given to an officer or agent 
of the carrier, the actual or apparent scope of whose duties includes action 
upon such a request or information, and must be given in time to enable the 
officer or agent to whom it is given, acting with reasonable diligence, to stop 
delivery of the goods. 

1930, XXXVI, 1077. 

§ 4830. Negotiable BiUs Must Be Cancelled When Goods Delivered.— Ex- 
cept as provided in Section 4843, and except when compelled by legal process, 
if a carrier delivers goods for which a negotiable bill had been issued, the ne- 
gotiation of which would transfer the right to the possession of the goods, and 
fails to take up and cancel the bill, such carrier shall be liable for failure to 
deliver the goods to anyone who for value and in good faith purchases such bill, 
whether such purchaser acquired title to the bill before or after the delivery 



§ 4831 Civil Code 2286 

of the goods by tlie carrier, and notwithstanding delivery was made to the per- 
son entitled thereto. 
1930, XXXVI, 1077. 

§ 4831. Negotiable Bills Must Be Cancelled or Marked When Part of Goods 
Delivered. — Except as provided in Section 4843, and except when compelled 
by legal process, if a carrier delivers part of the goods for which a negotiable 
bill had been issued and fails either : 

(a) To take up and cancel the bill, or 

(b) To place plainly upon it a statement that a portion of the goods has been 
delivered, with a description, which may be in general terms, either of the 
goods or packages that have been so delivered or of the goods or packages 
which still remain in the carrier's possession, he shall be liable for failure to 
deliver all the goods specified in the bill, to anyone who for value and in good 
faith purchases it, whether such purchaser acquires title to it before or after the 
delivery of any portion of the goods by the carrier, and notwithstanding such 
delivery was made to the person entitled thereto. 

1930, XXXVI, 1077. 

§ 4832. Altered Bills. — Any alteration, addition or erasure in a bill after 
its issue without authority from the carrier issuing the same, either in writing 
or noted on the bill, shall be void, whatever be the nature and purpose of the 
change, and the bill shall be enforced according to its original tenor. 

1930, XXXVI, 1077. 

§ 4833. Lost or Destroyed Bills. — Where a negotiable bill has been lost or 
destroyed a court of competent juirsdiction may order the delivery of the 
goods upon satisfactory proof of such loss or destruction and upon the giving 
of a bond with sufficient surety to be approved by the court to protect the 
carrier or any person injured by such delivery from any liability or loss, in- 
curred by reason of the original bill remaining outstanding. The court may also 
in its discretion order the payment of the carrier's reasonable costs and counsel 
fees. 

The delivery of the goods under an order of the court as provided in this 
Section, shall not relieve the carrier from liability to a person to whom the 
negotiable bill has been or shall be negotiated for value without notice of the 
proceedings or of the delivery of the goods. 

1930, XXXVI, 1077. 

§ 4834. Effect of Duplicate Bills. — A bill upon the face of which the word 
''duplicate" or some other word or words indicating that the document is not 
an original bill is placed plainly shall impose upon the carrier issuing the same 
the liability of one who represents and warrants that such bill is an accurate 
copy of an original bill properly issued, but no other liability. 

1930, XXXVI, 1077. 

§ 4835. Carrier Cannot Set Up Title in Himself. — No title to goods or right 
to their possession, asserted by a carrier for his own benefit, shall excuse him 
from liability for refusing to deliver the goods according to the terms of a bill 
issued for them, unless such title or right is derived directly or indirectly from 
a transfer made by the consignor or consignee after the shipment, or from the 
carrier's lien. 

1930, XXXVI, 1077. 

§ 4836. Interpleader of Adverse Claimants. — ^If more than one person 
claims the title or possession of goods, the carrier may require all claimants to 



2287 ' Civil Code § 4837 

interplead, either as a defence to an action brougM against him for nondelivery 
of the goods, or as an original suit, whichever is appropriate. 
1930, XXXVI, 1077. 

§ 4837. Carrier Has Reasonable Time to Determine Validity of Claims. — 

If someone other than the consignee or person in possession of the bill, as a 
claim to the title or possession of the goods, and the carrier has information of 
such claim, the carrier shall be excused from liability for refusing to deliver 
the goods either to the consignee or person in possession of the bill, or to the 
adverse claimaiit, until the carrier has had a reasonable time to ascertain the 
validity of the adverse claim or to bring legal proceedings to compel all claim- 
ants to interplead. 
1930, XXXVI, 1077. 

§ 4838. Adverse Title is no Defense Except as Above Provided. — Except as 
provided in the two preceding sections and in Section 4828, no right or title of a 
third person unless enforced by legal process shall be a defense to an action 
brought by the consignee of a nonnegotiable bill or by the holder of a ne- 
gotiable bill against the carrier for failure to deliver the goods on demand. 

1930, XXXVI, 1077. 

§ 4839, Liability for Nonreceipt or Misdescription of Goods. — If a bill of 
lading has been issued by a carrier or on his behalf by an agent or employee 
the scope of whose actual or apparent authority includes the issuing of bills 
of lading, the carrier shall be liable to : 

(a) The consignee named in a nonnegotiable bill, or 

(b) The holder of a negotiable bill, 

Who has given value in good faith relying upon the description therein of 
the goods, for damages caused by the nonreceipt by the carrier or a connecting 
carrier of all or part of the goods or their failure to correspond with the de- 
scription thereof in the bill at the time of its issue. 

If, however, the goods are described in a bill merely by a statement of marks 
or labels upon them or upon packages containing them, or by a statement that 
the goods are said to be goods of a certain kind or quantity, or in a certain 
condition, or it is stated in the bill that packages are said to contain goods of 
a certain kind or quantity or in a certain condition, or that the contents or con- 
dition of the contents of packages are unknown, or words of like purport are 
contained in the bill, such statements, if true, shall not make liable the carrier 
issuing the bill, although the goods are not of the kind or quantity or in the 
condition which the marks or labels upon them indicate, or of the kind or 
quantity or in the condition they were said to be by the consignor. The carrier 
may, also, by inserting in the bills the words "shipper's load and count" or other 
words of like purport, indicate that the goods were loaded by the shipper and the 
description of them made by him; and if such statement be true, the carrier 
shall not be liable for damages caused by the improper loading or by the non- 
receipt or by the misdescription of the goods described in the bill. 

1930, XXXVI, 1077. 

§ 4840. Attackment or Levy Upon Goods for Which a Negotiable BiU Has 
Been Issued. — If goods are delivered to a carrier by the owner or by a person 
whose act in conveying the title to them to a purchaser for value in good faith 
would bind the owner and a negotiable bill is issued for them, they cannot 
thereafter, while in the possession of the carrier, be attached by garnishment 
or otherwise, or be levied upon under an execution, unless the bill be first sur- 
rendered to the carrier or its negotiation enjoined. The carrier shall in no such 



§ 4841 CiYiL Code ^ 2288 

case be compelled to deliver the actual possession of the goods until the bill is 
surrendered to him or impounded by the court. 
1930, XXXYI, 1077. 

§ 4841. Creditor's Eemedies to Reach Negotiable Bills. — A creditor whose 
debtor is the owner of a negotiable bill shall be entitled to such aid from courts 
of appropriate jurisdiction by injunction and otherwise in attaching such bill, 
or in satisfying the claims by means thereof as is allowed at law or in equity 
in regard to property which cannot readily be attached or levied upon by ordi- 
nary legal process. 

1930, XXXVI, 1077. 

§ 4842. Negotiable Bills Must State Charges for Which Lien is Claimed.— 

If a negotiable bill is issued the carrier shall have no lien on the goods therein 
mentioned, except for charges on those goods for freight, storage, demurrage 
and terminal charges, and expense necessary for the preservation of the goods or 
incident to their transportation subsequent to the date of the bill, unless the bill 
expressly enumerates other charges for which a lien is claimed. In such case 
there shall also be a lien for the charges enumerated so far as they are allowed 
by law and the contract between the consignor and the carrier. 
1930, XXXVI, 1077. 

§ 4843. Effect of Sale. — ^After the goods have been lawfully sold to satisfy 
a carrier's lien, or because they have not been claimed, or because they are 
perishable or hazardous, the carrier shall not thereafter be liable for failure to 
deliver the goods to the consignee or owner of the goods, or to a holder of the 
bill given for the goods when they were shipped, even if such bill be negotiable. 

1930, XXXVI, 1077. 

§ 4844. Negotiation of Negotiable Bills by Delivery. — A negotiable bill 
may be negotiated by delivery where, by the terms of the bill, the carrier under- 
takes to deliver the goods to the order of a specified person, and such person or 

a subsequent indorsee of the bill has indorsed it in blank. 
1930. XXXVI, 1077. 

§ 4845. Negotiation of Negotiable Bills by Endorsement. — A negotiable 
bill may be negotiated by the indorsement of the person to whose order the 
goods are deliverable by the tenor of the bill. Such indorsement may be in 
blank or to a specified person. If indorsed to a specified person, it may be ne- 
gotiated again by indorsement of such person in blank or to another specified 
person. Subsequent negotiation may be made in like manner. 

1930, XXXVI, 1077. 

§ 4846. Transfer of Bills. — A bill may be transferred by the holder by de- 
livery accompanied with an agreement, express or implied, to transfer the title 
to the bill or to the goods represented thereby. A nonnegotiable bill cannot 
be negotiated, and the indorsement of such a bill gives the transferee no addi- 
tional right. 

1930, XXXVI, 1077. 

§ 4847. Who May Negotiate Bills. — A negotiable bill may be negotiated 
by any person in possession of the same, however such possession may have been 
acquired if, by the terras of the bill, the carrier undertakes to deliver the goods 
to the order of such person, or if at the time of negotiation the bill is in such 
form that it may be negotiated by delivery. 

1930, XXXVI, 1077. 



I 



2289 ■ Civil Code § 4848 

§ 4848. Rights of Person to Whom a Bill Has Been Negotiated. — A person 
to whom a negotiable bill has been duly negotiated acquires thereby: 

(a) Such title to the goods as the person negotiating the bill to him had, or 
had ability to convey to a purchaser in good faith for the value, and also such 
title to the goods as the consignee and consignor had, or had power to convey to 
a purchaser in good faith for value, and 

(b) The direct obligation of the carrier to hold possession of the goods for 
him according to the terms of the bill as fully as if the carrier had contracted 
directly with him. 

1930, XXXVI, 1077. 

§ 4849. Rights of Person to Whom a Bill Has Been Transferred. — A per- 
son to whom a bill has been transferred but not negotiated acquires thereby as 
against the transferor, the title to the goods, subject to the terms of any agree- 
ment with the transferor. If the bill is nonnegotiable, such person also acquires 
the right to notify the carrier of the transfer to him of such bill, and thereby 
to become the direct obligee of v/hatever obligations the carrier owed to the 
transferor of the bill immediately before the notification. 

Prior to the notification of the carrier by the transferor or transferee of a 
nonnegotiable bill, the title of the transferee to the goods and the right to ac- 
quire the obligation of the carrier may be defeated by garnishment or by attach- 
ment or execution upon the goods by a creditor of the transfer or by a notifi- 
cation to the carrier by the transferor or a subsequent purchaser from the trans- 
feror of a subsequent sale of the goods by the transferor. 

A carrier has not received notification within the meaning of this Section un- 
less as officer or agent of the carrier, the actual or apparent scope of whose duties 
includes action upon such a notification, has been notified; and no notification 
shall be effective until the officer or agent to whom it is given has had time with 
the exercise of reasonable diligence to communicate with the agent or agents 
having actual possssion or control of the goods. 

1930, XXXVI, 1077. 

§ 4850. Transfer of Negotiable Bill Without Endorsement. — Where a 
negotiable bill is transferred for value by delivery, and the indorsement of the 
transferor is essential for negotiation, the transferee acquires a right against the 
transferor to compel him to indorse the bill, unless a contrary intention appears. 
The negotiation shall take effect as of the time when the indorsement is actually 
made. This obligation may be specifically enforced. 

1930, XXXVI, 1077. 

§ 4851. Warranties on Sale of Bill. — A person who negotiates or transfers 
for value a bill by indorsement or delivery, including one who assigns for value 
a claim secured by a bill, unless a contrary intention appears warrants : 

(a) That the bill is genuine; 

(b) That he has a legal right to transfer it; 
(e) That he has knowledge of no fact which would impair the validity or 

worth of the bill, and 

(d) That he has a right to transfer the title to the goods, and that the goods 
are merchantable or fit for a particular purpose whenever such warranties would 
have been implied, if the contract of the parties had been to transfer without a 
bill the goods represented thereby. 

In the case of an assignment of a claim secured by a bill, the liability of the 
assignor shall not exceed the amount of the claim. 

1930, XXXVI, 1077. 



§ 4852 Civil Code 2290 

§ 4852. Indorser Not a Guarantor. — The indorsement of a bill shall not 
make the indorser liable for any failure on the part of the carrier or previous 
indorsers of the bill to fulfill their respective obligations. 

1930, XXXVI, 1077. 

§ 4853. No Warranty Implied From Accepting Payment of a Debt. — ^A 

mortgagee or pledgee, or other holder of a bill for security who in good faith 
demands or received payment of the debt for which such bill is security, whether 
from a party to a draft drawn for such debt or from any other person, shall not 
be deemed by so doing to represent or to warrant the genuineness of such bill 
or the quantity or quality of the goods therein described. 
1930, XXXVI, 1077. 

§ 4854. When Negotiation Not Impaired by Fraud, Accident, Mistake, 
Duress or Conversion. — The validity of the negotiation of a bill is not im- 
paired by the fact that such negotiation was a breach of duty on the part of 
the person making the negotiation, or by the fact that the owner of the bill was 
deprived of the possession of the same by fraud, accident, mistake, duress or 
conversion, if the person to whom the bill was negotiated, or a person to whom 
the bill was subsequently negotiated, gave value therefor, in good faith, without 
notice of the breach of duty, fraud, accident, mistake, duress or conversion. 

1930, XXXVI, 1077. 

§ 4855. Subsequent Negotiations. — Where a person having sold, mort- 
gaged, or pledged goods which are in a carrier's possession and for which a 
negotiable bill has been issued, or having sold, mortgaged, or pledged the ne- 
gotiable bill representing such goods, continues in possession of the negotiable 
bill, the subsequent negotiation thereof by that person under any sale, pledge, 
or other disposition thereof to any person receiving the same in good faith, for 
value and without notice of the previous sale, shall have the same effect as if 
the first purchaser of the goods or bill has expressly authorized the subsequent 
negotiation. 

1930, XXXVI, 1077. 

§ 4856. Form of the Bill as Indicating Rights of Buyer and Seller. — AVhere 
goods are shipped by the consignor in accordance with a contract or order for 
their purchase, the form in which the bill is taken by the consignor shall indicate 
the transfer or retention of the property or right to the possession of the goods 
as follows: 

(a) Where by the bill the goods are deliverable to the buyer or to his agent, 
or to the order of the buyer or of his agent, the consignor thereby transfers the 
property in the goods to the buyer. 

(b) Where by the bill the goods are deliverable to the seller or to his agent, 
or to the order of the seller or of his agent, the seller thereby reserves the prop- 
erty in the goods. But if, except for the form of the bill, the property would have 
passed to the buyer on the shipment of the goods, the seller's property in the 
goods shall be deemed to be only for the purpose of securing performance by 
the buyer of his obligations under this contract. 

(c) Where by the bill the goods are deliverable to the order of the buyer or 
his agent, but possession of the bill is retained by the seller or his agent, the 
seller thereby reserves a right to the possession of the goods, as against the buyer. 

(d) Where the seller draws on the buyer for the price and transmits the 
draft and bill together to the buyer to secure acceptance or payment of the 
draft, the buyer is bound to return the bill if he does not honor the draft, and 
if he wrongfully retains the bill he acquires no added right thereby. If, however, 



2291 Civil Code § 4857 

the bill provides that the goods are deliverable to the buyer, or to the order of 
the buyer, or is endorsed in blank or to the buyer by the consignee named there- 
in, one who purchases in good faith, for value, the bill or goods from the buyer, 
shall obtain the title to the goods, although the draft has not been honored, if 
such purchaser has received deliverj^ of the bill indorsed by the consignee named 
therein, or of the goods, without notice of the facts making the transfer wrong- 
ful. 

1930, XXXVI, 1077- 

§ 4857. Demand, Presentation or Sight Draft Must Be Paid, But Draft on 
More than Three Days ' Time Merely Accepted Before Buyer is Entitled to the 
Accompanying Bill. — Where the seller of goods draws on the buyer for the 
price of the goods and transmits the draft and a bill of lading for the goods 
either directly to the buyer or through a bank or other agency, unless a different 
intention on the part of the seller appears, the buyer and all other parties in- 
terested shall be justified in assuming: 

(a) If the draft is by terms or legal effect payable on demand or presenta- 
tion or at sight, or not more than three days thereafter (whether such three 
days be termed days of grace or not), that the seller intended to require pay- 
ment of the draft before the buyer should be entitled to receive or retain the bill. 

(b) If the draft is by its terms payable on time, extending beyond three 
days after demand, presentation on sight (whether such three days be termed 
days of grace or not), that the seller intended to require acceptance, but not 
payment of the draft before the buyer should be entitled to receive or retain 
the bill. 

The provisions of this Section are applicable whether by the terms of the 
bill the goods are consigned to the seller, or to his order, or to the buyer, or to 
his order, or to a third person, or to his order. 

1930, XXXVI, 1077. 

§ 4858. Negotiation Defeats Vendor's Lien. — AVhere a negotiable bill has 
been issued for goods, no seller's lien or right of stoppage in transit shall defeat 
the rights of any purchaser for value in good faith to whom such bill has been 
negotiated, whether such negotiation be prior or subsequent to the notification 
to the carrier who issued such bill of the seller's claim to a lien or right of stop- 
page m transitu. . 

Nor shall the carrier be obliged to deliver or justified in delivering the goods 
to an unpaid seller unless such bill is first surrendered for cancellation. 

1930, XXXVI, 1077. 

§ 4859. When Rights and Remedies Under Mortgages and Liens are not 
Limited.^ — Except as provided in Section 4858 nothing in this Chapter shall 
limit the rights and remedies of a mortgagee or lien holder whose mortgage or 
lien on goods would be valid, apart from this Chapter, as against one who for 
value and in good faith purchased from the owner, immediately prior to the 
time of their delivery to the carrier, the goods which are subject to the mort- 
gage or lien and obtained possession of them. 

1930, XXXVI, 1077. 

§ 4860. Issue of Bills for Goods Not Received. — Anj^ officer, agent, or serv- 
ant of a carrier, who with intent to defraud issues or aids in issuing a bill 
knowing that all or any part of the goods for which such bill is issued have 
not been received by such carrier, or by an agent of such carrier or by a con- 
necting carrier, or are not under the carrier's control at the time of issuing such 
bill, shall be guilty of a crime, and upon conviction shall be punished for each 



§ 4861 Civil Code 2292 

offense by imprisonment not exceeding five years, or hy a fine not exceeding 
five thousand dollars, or by both. 
1930, XXXVI, 1077. 

§ 4861. Issue of Bill Containing False Statement — Penalty. — Any officer, or 
servant of a carrier, who with intent to defraud issues or aids in issuing a bill 
for goods knowing that it contains any false statement, shall be guilty of a crime, 
and upon conviction shall be punished for each offense by imprisonment not 
exceeding one year, or by a fine not exceeding one thousand dollars, or by both. 

1930, XXXVI, 1077. 

§ 4862. Issue of Duplicate Bills Not so Marked. — Any officer, agent or 
servant of a carrier, who with intent to defraud issues or aids in issuing a 
duplicate or additional negotiable bill for goods in violation of the provisions of 
Section 4823, knowing that a former negotiable bill for the same goods or any 
part of them is outstanding and uncancelled, shall be guilty of a crime, and 
upon conviction shall be punished for each offense by imprisonment not ex- 
ceeding five years, or by a fine not exceeding five thousand dollars, or by both. 

1930, XXXVI, 1077. 

§ 4863. Negotiation of Bill for Mortgaged Goods. — Any person who ships 
goods to which he has not title, or upon which there is a lien or mortgage, and 
who takes for such goods a negotiable bill which he afterwards negotiates for 
value with intent to deceive and without disclosing his want of title or the ex- 
istence of the lien or mortgage, shall be guilty of a crime, and upon conviction 
shall be punished for each offense by imprisonment not exceeding one year, or 
by a fine not exceeding one thousand dollars, or by both. 

1930, XXXVI, 1077. 

§ 4864. Negotiation of Bill When Goods Are Not in Carrier's Possession. — 

Any person who with intent to deceive negotiates or transfers for value a bill 
knowing that any or all of the goods which by the terms of such bill appear to 
have been received for transportation by the carrier which issues the bill are not 
in the possession or control of such carrier, or of a connecting carrier, without 
disclosing this fact, shall be guilty of a crime, and upon conviction shall be 
punished for each offense by imprisonment not exceeding five years, or by a 
fine not exceeding five thousand dollars, or by both. 
1930, XXXVI, 1077. 

§ 4865. Inducing Carrier to Issue Bill When Goods Have Not Been Re- 
ceived. — Any person who with intent to defraud secures the issue by a carrier 
of a bill knowing that at the time of such issue, any or all of the goods described 
in such bill as received for transportation have not been received by such car- 
rier, or an agent of such carrier or a connecting carrier or are not under the 
carrier's control, by inducing an officer, agent, or servant of such carrier falsely 
to believe that such goods have been received by such carrier, or are under its 
control, shall be guilty of a crime, and upon conviction shall be punished for 
each offense by imprisonment not exceeding five years, or .by a fine not exceeding 
five thousand dollars, or by both. 

1930, XXXVI, 1077. 

§ 4866. Issue of Nonnegotiable Bill Not so Marked. — Any person who with 
intent to defraud issues or aids in issuing a nonnegotiable bill without the 
word "nonnegotiable" placed plainly upon the face thereof, shall be guiltj^ 
of a crime, and upon conviction shall be punished for each offense by imprison- 



2293 Civil Code § 4867 

ment not exceeding five years, or hy a fine not exceeding five thousand dollars, 
or by both. 

1930, XXXVI, 1077. 

§ 4867. Riiles for Cases Not Provided for in This Chapter. — In any case 
not provided for in this Chapter, the rules of law and equity, including the law 
merchant, and in particular the rules relating to the law of principal and agent, 
executors, administrators and trustees, and to the effect of fraud, misrepresenta- 
tion, duress or coercion, accident, mistake, bankruptcy, or other invalidating 
cause, shall govern. 

1930, XXXVI, 1077. 

§ 4868. Interpretation Shall Give Effect to Purpose of Uniformity. — This 
Chapter shall be so interpreted and construed as to effectuate its general pur- 
pose to make uniform the law of those States which enact it. 

1930, XXXVI, 1077. 

§ 4869. Definitions. — (1) In this Chapter, unless the context or subject 
matter otherwise requires : 

"Action" includes counterclaim, setoff, and suit in equity. 

"Bill" means bill of lading: 

"Consignee" means the person named in the bill as the person to whom de- 
livery of the goods is to be made. 

"Consignor" means the person named in the bill as the person from whom 
the goods have been received for shipment. 

"Goods" means merchandise or chattels in course of transportation, or which 
have been or are about to be transported. 

"Holder" of a bill means a person who had both actual possession of such 
bill and a right of property therein. 

"Order" means an order by indorsement of the bill. 

"Owner" does not include mortgagee or pledgee. 

"Person" includes a corporation or partnership or two or more persons hav- 
ing a joint or common interest. 

"To purchase" includes to take as mortgagee and to take as pledgee. 

"Purchase" includes mortgagee and pledgee. 

"Value" is any consideration sufficient to support a simple contract. 

An antecedent or pre-existing obligation, whether for money or not, constitutes 
value where a bill is taken either in satisfaction thereof or as security therefor. 

(2) A thing is done "in good faith," within the meaning of this Chapter when 
it is in fact done honestly, whether it be done negligently or not. 

1930, XXXVI, 1077. 

§ 4870. Chapter Does Not Apply to Existing Bills. — The provisions of this 
Chapter do not apply to bills made and delivered prior to the taking effect 
thereof. 

1930, XXXVI, 1077. 



CHAPTER 51 
Agency and Labor Laws 

Article 1. Agency, § 4871. 

Article 2. Master and Apprentice, § 4873. 

Article 3. Labor Laws, § 4883. 



§ 4871 Civil Code 2294 

ARTICLE 1 

Agency 

4871. Power of Agent after Principal's 4872. Note Negotiated by Agent after Prin- 

Death. cipal's Deatli. 

§ 4871. Act of Agent Good, Though Principal Be Dead — Proviso. — ^If any 

agent, constituted by power of attorney or other authority, shall do any act for 

his principal which would be lawful if such principal were living, the same 

shall be valid and binding on the estate of said principal, although he or she 

may have died before such act was done : Provided, The party treating with 

such agent dealt bona fide, not knowing at the time of the doing of such act 

that such principal was dead. 

Civ. C. '22, § 3848 ; Civ. C. '12, § 2536 ; Civ. C. '02, § 1678 ; G. S. 1302 ; R. S. 1405 ; 1828, 
VI, 359. 

§ 4872. Notes Made Before Death of Principal and Passed Away by Agent 

After. — If any note or bill, whether filled up before or after having been signed 

or endorsed, shall be passed away after the death of such drawer or endorser, by 

an agent duly constituted in his or her lifetime, the same shall be valid and 

binding on his or her estate, in like manner as though he or she had not died 

before such passing away: Provided, The receiver of such note or bill received 

the same hona fide, without a knowledge of such death, and that the act of the 

agent would have been binding on the principal if it had been done before such 

death ; the act to be done, either under the power of attorney or authority, or in 

relation to the bill or note, must be done within nine months after the death of 

the principal, or of the drawer or endorser of such note or bill. 

Civ. C. '22, § 3849 ; Civ. C. '12, § 2537 ; Civ. C. '02, § 1679 ; G. S. 1291 ; R. S. 1406 ; 1828, 
VI. 359. 



ARTICLE 2 
Master and Apprentice 

4873. Apprenticeships. 4880. Indenture Binding on Minor. 

4874. Indenture of Apprentices. 4881. Indenture not Binding after Majority. 
4875-7. Assignment of Indentures. 4882. Jurisdiction of Complaints. 

4878-9. Commissioners of Charleston Or- 
phan House. 

§ 4873. Persons May Take and Teach One or More Apprentices. — It shall 

and may be lawful to and for any person or persons within this State to take 
one or more apprentice or apprentices, indented according to the directions of 
this Article, and to teach such apprentice or apprentices the lawful business, 
art, trade, and mystery specified in the indenture or indentures of such ap- 
prentice or apprentices, during the time therein limited, and to retain and keep 
in his or their service such apprentice or apprentices until the expiration of the 
said time, or until such apprentice or apprentices shall be lawfully discharged. 

Civ. C. '22, § 5579 ; Civ. C. '12, § 3799 ; Civ. C. '02, § 2705 ; G. S. 2072 ; R. S. 2205 ; 1740, 
III, 544. 

§ 4874. Proceedings Before Magistrate in Indenture of Apprentices. — It 
shall be the duty of any Magistrate to whom application is made by a person 
desiring to become the master or mistress of any infant to be bound to service 
by indenture according to law, to certify under his hand and seal upon such 
indenture, the presence and approbation of the father, mother, or guardian of 
such infant, at the time it was executed; and in case such infant so to be ap- 



2295 Civil Code § 4875 

prenticed shall have neither father, mother, nor guardian to approve such in- 
denture, then the presence and approbation of the grandfather, grandmother, 
or brother, sister, uncle, or aunt, of mature age, or of his own approval of such 
indenture, to be certified thereon, each in the order herein established and enum- 
erated, and in like manner shall certify the approval of such persons as above 
designated, which indenture or indentures, so executed and certified as afore- 
said, shall be good and effectual, to all intents and purposes, as if such appren- 
tice had been of full age, and by indenture of covenant had bound him or her- 
self ; or otherwise shall be void and of none effect. 

Civ. C. '22, § 5580 ; Civ. C. '12. § 3800 ; Civ. C. '02, § 2706 ; G. S. 2073 ; R. S. 2206 ; 1740, 
III, 544; 1839, XI, 32. 

§ 4875. Assignment of Indentures to Be Certified by Magistrates. — In the 

same manner, any Magistrate shall certify the assent of the same parties, in 
like order, to the assignment and transfer of such indenture for sufficient cause, 
by the master or mistress, to any person exercising the employment specified 
therein, which said indenture so assigned shall be valid and effectual to the as- 
signee, as to the time remaining unexpired, as if the said apprentice had been 
originally indented to such assignee; and the said assignee, on accepting such 
assignment, shall be equally bound to the said apprentice, according to the 
tenor of the said indenture, as the original master or mistress was. 

Civ. C. '22. § 5581 ; Civ. C. '12, § 3801 ; Civ. C. '02, § 2707 ; G. S. 2074 ; E. S. 2207 ; 1740, 
III, 544 ; 1839, XI, 32. 

§ 4876. Executor or Administrator May Retain or Assign Indentures. — 

The time of service of any apprentices who are, or shall be, indented to serve 
their masters, mistresses, their executors, or assigns, in this State, remaining 
unexpired at the time of the death of any of the masters or mistresses of such 
apprentices, and not before assigned in manner aforesaid shall be deemed and 
taken as assets in the hands of the executors or administrators of any such mas- 
ters or mistresses, and it shall and may be lawful to and for such executors or 
administrators to retain any such apprentices in their own service during the 
remainder of such time : Provided, The executor or administrator so retaining 
such apprentice does, at the time of such retainer, carry on and exercise (by 
himself or some other person in his employ), within the same county where the 
testator lived, the same employment, calling, art, mystery, or trade, to which 
the said apprentice was bound by his indenture; or otherwise, if the executors 
or administrators of such deceased person think fit, it shall be lawful for them 
to assign and transfer such indenture and the time therein unexpired- with 
the consent of the same persons, in like order, and in the same manner, certified 
by a Magistrate, to any other person carrying on and exercising within this 
State the same employment, calling, and mystery, or trade specified in the said 
indenture. 

Civ. C. '22. § 5582 ; Civ C. '12, § 3802 : Civ. C. '02, § 2708 ; G. S. 2075 : R. S. 2208 : 1740, 
III, 544 ; 1839, XI, 32. 

§ 4877. Indentures Valid to Executor Retaining or to Assignee. — Such in- 
denture, so retained or assigned, shall be valid and effectual to the executor or 
administrator so retaining, and to such assignee as to the time remaining un- 
expired, as if the said apprentice had been originally indented to such executor, 
administrator, or assignee ; and the said executor, administrator, and assignee, 
on retaining such apprentice, or accepting such assignment, shall be equally 
bound to the said apprentice, according to the tenor of the indenture, as the 
original master or mistress was. 

Civ. C. '22, § 5583 ; Civ. C. '12. § 3803 ; Civ. C. '02, § 2709 : G. S. 2076 ; R. S. 2208; 1839, 
XI, 32. 



§ 4878 CiYiL Code 2296 

§ 4878. Board of Commissioners of Charleston Orphan House — Vested 
With Powers of Magistrates. — The Clerk of the Board of Commissioners of 
the Charleston Orphan House for the time being be, and he hereby is, vested 
with all the powers conferred upon Magistrates by the three Sections of these 
Statutes immediately preceding in relation to the execution, certifying, trans- 
fer and assignment of indenture of minors when received into or bound out 
from the Charleston Orphan House; and all indentures or renewals of in- 
dentures heretofore made or hereafter to be made before the Clerk of the said 
Board of Commissioners in relation to any minor received or bound out from 
the Charleston Orphan House shall be, to all intents, as valid, effectual and 
binding as if the same had been made before a Magistrate : Provided, That the 
said Clerk of the Board of Commissioners aforesaid shall have been regularly 
appointed a Notary Public by the Governor of the State and duly commissioned 
as such. 

Civ. C. '22, § 5584; Civ. C. '12, § 3804; Civ. C. '02, § 2710; G. S. 2075-a ; R. S. 2210; 
1882, XVIII, 145. 

§ 4879. Indentures or Assignments Under Commissioners of Charleston 
Orphan House Valid Without Magistrate's Certificate. — Any indenture or 
apprenticeship or any assignment of any indenture or apprenticeship made or 
hereafter to be made under the authority of the Board of Commissioners of 
the Charleston Orphan House of any child inmate of said institution shall be 
effectual and valid to all intents and purposes, as if the same were made by the 
parent of such child; and such indentures and assignment of indentures do not 
and shall not require the certificate of any Magistrate. 

Civ. C. '22, § 5585 ; Civ. C. '12, § 3805 ; Civ. C. '02, § 2711 ; R. S. 2211 ; 1882, XVIII, 145. 

§ 4880. Apprentices to Serve Period Mentioned. — Any person that shall 
be bound by indenture to serve as an apprentice within this State, in any law- 
ful employment, calling, art, mystery, or trade, although such apprentice shall 
have been within the age of twenty-one years at the time of making such in- 
denture, shall be bound to serve for the number of years in such indenture con- 
tained, as fully and effectually, to every intent, as if the said apprentice had 
been of full age at the time of making such indenture, and shall be bound, ac- 
cepted, and taken as an apprentice according^ : Provided, always, That such ap- 
prentice shall be indented in the manner and according to the directions of this 
Article. 

Civ. C. '22, § 5588 ; Civ. C. '12, § 3806 ; Civ. C. '02, § 2712 ; G. S. 2077 ; R. S. 2212 ; 1740, 
III, 544. 

§ 4881. Males Not to Serve After Twenty-One — Females After Eighteen.^ 

Nothing in this Article contained shall extend to oblige any male apprentice 
to serve after he shall have attained the age of one and twenty years, or a female 
after she shall have attained the age of eighteen years. 

Civ. C. '22, § 5587 ; Civ. C. '12, § 3807 ; Civ. C. '02, § 2713 ; G. S. 2078 : R. S. 2213 ; 1740, 
III, 544. 

§ 4882. Two Magistrates to Have Jurisdiction in Complaints. — Oii com- 
plaint made by an apprentice, charging his or her master or mistress with mis- 
use, or by the master or mistress against such apprentice, before any two Mag- 
istrates of the county, setting forth the cause of such complaint, it shall be the 
duty of such Magistrates to make such order between the parties as the equity 
and justice of the case may require, subject, nevertheless, to the right of either 
party to appeal from such order to the Court of Common Pleas for tne county 
at the next ensuing term. 

Civ. C. '22, § 5588 ; Civ. C. '12, § 3808 ; Civ. C. '02, § 2714 ; G. S. 2079 ; R. S. 2214 ; 1740, 
III. 545 ; 1839, XI, 32. 



2297 Civil Code § 4883 

ARTICLES 

Labor Laws 

4883. Requisites of Contracts. 4886. Payment of Wages Up to Time of 

4884. Division of Crops. Discharge. 

4885. Payment of Laborers. 4887. Certificates for Wages Due. 

Penalty for Violation. 



§ 4883. Requisites of Contracts Between Owners of Land and Laborers. — 

All contracts made between owners of land, tbeir agents, administrators, or ex- 
ecutors, and laborers, shall be witnessed by one or more disinterested persons, 
and, at tbe request of either party, be duly executed before a Magistrate whose 
duty it shall be to read and explain the same to the parties. Such contracts shall 
clearly set forth the conditions upon which the laborer or laborers engaged to 
work, embracing the length of time, the amount of money to be paid, and when ; 
if it be on shares of crops, what portion of the crop or crops. 

Civ. C. '22, § 5589; Civ. C. '32, § 3809; Civ. C. '02, § 2715; G. S. 2081; R. S. 2215; 
1869, XIV, 227. 

§ 4884. Crops to Be Divided by Disinterested Persons. — Whenever labor 
is performed under contract on shares of crop or crops, such crop or crops shall 
be gathered and divided off before it is removed from the place where it was 
planted, harvested, or gathered. Such division to be made by a disinterested per- 
soU; when desired by either party to the contract. And such disinterested party 
shall be chosen by and with the consent of the contracting parties ; whenever the 
parties fail to agree upon any disinterested party, or, if complaint is made that 
the division has been unfairly made, within ten days after such division, it 
shall be the duty of the Magistrate residing nearest the place where such crop 
or crops are planted, harvested, or gathered, to cause, under his immediate su- 
pervision, such equitable division as may be stipulated in the contract. Such 
disinterested party or Magistrate shall receive reasonable compensation for such 
service, to be paid by both of the contracting parties, according to their several 
interests, except in case of an attempt to wilfully defraud the other by one of the 
contracting parties ; and then such compensation shall be paid by the parties so 
attempting to defraud the other. When such division has been made, each party 
shall be free to dispose of their several portions as to him or her or them may 
seem fitting : Provided, That if either party be in debt to the other for any obli- 
gation incurred under contract, the amoimt of said indebtedness may be then 
and there settled and paid by such portion of the share or shares of the party 
so indebted as may be agreed upon by the parties themselves, or set apart by the 
Magistrate, or any party chosen to divide said crop or crops. 

Civ. C. '22, § 5590 ; Civ. C. '12, § 3810 ; Civ. C. '02, § 2716 ; G. S. 2082 ; R. S. 2216 ; 1869, 

XIV, 228. 

§ 4885. Laborers to Be Paid in Lawful Money, Unless Otherwise Stip- 
ulated. — Unless otherwise provided by special contract, all persons who em- 
ploy laborers upon plantations or elsewhere, by the day, week, month or year 
shall pay such laborers or employees in lawful money. 

Civ. C. '22, § 5591 ; Civ. C. '12, § 3811 ; Civ. C. '02, § 2717 ; G. S. 2086 ; R. S. 2218 ; 1872, 

XV, 216 ; 1875, XV, 899 ; 1879, XVII, 7. 

§ 4886. Discharged Laborers to Be Paid Up to Time of Discharge by Cor- 
porations. — When any corporation carrying on any business in this State in 
which laborers are employed, whose wages, under the business rule or custom 
of such corporation, are paid monthly or weekly on a fixed day beyond the 
end of the month or week in which the labor is performed, shall discharge any 



§ 4887 Civil Code 2298 

such laborer, the wages which have been earned by such discharged laborer 
shall become immediately due and payable. And if not so paid within twenty- 
four hours after written demand therefor, then such laborer shall recover in ad- 
dition thereto a penalty of as much per day for the time said wages shall remain 
unpaid, not exceeding thirty days, as he was receiving at the time of his dis- 
charge. 

Civ. C. '22, § 5592; Civ. C. '12, § 3812; 1911, XXVII, 39; 1915, XXIX, 153; 1919, 
XXXI, 35. 

§ 4887. Certificates for Wages Due — Negotiable — Redemption — Employers 
With Regular Pay Days — Exceptions. — It shall not be lawful for any cor- 
poration, person or firm in this State engaged in the manufacture of cotton 
goods, to issue or pay out, or circulate for payment of wages of laborers any 
order, check, memorandum, token or evidence of indebtedness, payable in whole 
or in part otherwise than in lawful money of the United States, unless the same 
is negotiable and redeemable at its par value, without discount in cash or in 
goods, wares or merchandise, or supplies at the option of the holder at the store 
or other place of business of such firm, person or corporation, or at the store of 
another person on whom such paper may be drawn where goods, wares or mer- 
chandise are kept for sale or sold or exchanged ; and the person who, or the cor- 
poration, firm or company, which may issue any such order, check, memorandum, 
token or other evidence of indebtedness, shall, upon presentation and demand, 
at the expiration of one week from date of delivery thereof, redeem the same 
in goods, wares, merchandise or supplies at the current cash market price of 
like goods, wares, merchandise or supplies, or in lawful money of the United 
States as may be demanded by the holder of any such order, memorandum, 
token or other e^ddence of indebtedness : Provided, That if said corporation, per- 
son or firm engaged as specified in this Section, have a regular pay day once 
in every week, then said corporation, person or firm shall not be required to re- 
deem such token or evidence of indebtedness in cash until the first pay day after 
the same becomes payable as herein provided, and such token or evidence of 
indebtedness shall be presented for payment in cash only on such pay days : 
Provided, That the provisions of this Section shall not apply to agricultural 
contracts or advances made for agricultural purposes. 

Civ. C. '22, § 5593; Civ. C. '12, § 3813; Civ. C. '02, § 2719; 1901, XXIII, 746: 1914, 
XXVIII, 563 ; 1915, XXIX, 55. 

§ 4888. Penalty for Violation of Provisions. — Any officer or agent of any 
corporation or any person, firm or company engaged in the business of manu- 
facturing or mining in this State, who by themselves or agent shall issue or cir- 
culate in payment for wages of labor any order, check, memorandum, token 
or evidence of indebtedness, payable in whole or in part otherwise than in law- 
ful money of the United States, without being negotiable and payable at the 
option of the holder in goods, wares, merchandise, supplies or lawful money of 
the United States, as required by Section 4887 or who shall fail to redeem the 
same when presented for payment within thirty days from date or delivery 
thereof, by the said company or its agent, at his or their office or place of busi- 
ness, in lawful money of the United State, or who shall compel or attempt to 
coerce any employee of any such corporation, shall forfeit to the employee or 
legal owner and holder of such order, check, memorandum, token or evidence of 
indebtedness fifty dollars, to be recovered in any court of competent jurisdic- 
tion : Provided, That in establishments for manufacturing lumber or brick, such 
checks shall not be redeemable in cash except on regular pay days. 

Civ. C. '22, § 5594; Civ. C. '12, § 3814; Civ. C. '02, § 2720; 1901, XXIII, 746; 1904, 
XXIV, 441. 



2299 Civil Code § 4889 

CHAPTER 52 
Joint Debtors, Suretyship and Arbitration 

4889-90. Payment of Judgment Debt by 4892. Satisfaction of Judgments. 

Surety. 4893. Rights of Joint Debtor Who Has not 

4891. Separate Composition of Joint Compounded. 

Debtor. 4894. Arbitration and Award. 

§ 4889. Payment by Surety Not to Discharge Judgment Against Prin- 
cipal. — The pajTuent by a surety of a debt secured by judgment or decree shall 
not operate as a satisfaction of such judgment or decree against the principal 
debtor, but by such payment the said surety shall be entitled to all the rights 
and privileges of the plaintiff in such judgment or decree. 

Civ. C. '22, § 5596; Civ. C. '12, § 3942; Civ. C. '02, § 2839; G. S. 2180; R. S. 2309; 
XVI, 137. 

§ 4890. Payment by One Surety Not to Discharge Judgment as to Cosurety. 

— In case any surety in such judgment or decree shall pay the same, such pay- 
ment shall not operate as a satisfaction of such judgment or decree as against 
the cosurety or sureties thereto, but such surety shall have the right to enforce 
the execution on such judgment or decree against his cosurety or sureties or 
for contribution. 

Civ. C. '22, § 5597; Civ. C. '12, § 3943; Civ. C. '02, § 2840: G. S. 2181: R. S. 2310; 
XVI, 137. 

§ 4891. How Joint Debtor May Make a Separate Composition of Indebted- 
ness. — Any joint debtor may make a separate composition with his creditor as 
prescribed in this Section. Such composition shall discharge the debtor making 
it, and him only. The creditor must execute to the compounding debtor a re- 
lease of the indebtedness or other instrument exonerating him therefrom. A 
member of a partnership cannot thus compound for a partnership debt until 
the partnership has been dissolved by mutual consent or otherwise. In that case 
the instrument must release or exonerate him from all liability incurred by rea- 
son of his connection with the partnership. An instrument specified in this 
Section shall not impair the creditor's right of action against any other joint 
debtor or his right to take any other proceeding against the latter unless an in- 
tent to release or exonerate him appears affirmatively upon the face thereof. 

Civ. C. '22, § 5598; Civ. C. '12, § 3944; Civ. C. '02, § 2841; R. S. 2311; 1883, XVIII, 431. 

§ 4892. How Judgments Recovered May Be Satisfied. — ^An instrument 
specified in the last Section shall be deemed a satisfaction piece for the purpose 
of satisfying any judgment recovered upon an indebtedness released or dis- 
charged thereby as far as the judgment affects the compounding debtor. When 
a judgment is satisfied thereby a special entry must be made upon the judg- 
ment roll to the effect that the judgment is satisfied as to the compounding 
debtor only. 

Civ. C. '22, § 5599 ; Civ. C. '12, § 3945 ; Civ. C. '02, § 2842 ; R. S. 2312 ; 1883, XVIII, 431. 

§ 4893. Rights of Joint Debtor Who Has Not Compounded. — AYhen a joint 
debtor has thus compounded, a joint debtor who has not compounded may 
make any defense or counterclaim or have any other relief as against the cred- 
itor to which he would have been entitled if the composition had not been made. 
He may require the compounding debtor to contribute his ratable proportion 
of the joint debt or of the partnership debts, as the case may be, as if the lat- 
ter had not been discharged. And the debtor who has not compounded with his 



§ 4894 Civil Code . 2300 

creditor may set up by way of discount against such creditor the amount com- 
pounded by his joint debtor. 

Civ. C. '22, § 5600 ; Civ. C. '12, § 3946 ; Civ. C. '02, § 2843 ; R. S. 2313 ; 1883, XVIII, 43L 

§ 4894. Arbitrations — Proceedings — Appeals — Effect of Award — Powers 
of Arbitrators. — It shall be lawful for any and all persons, in case of disagree- 
ment or difference of opinion, as to the proper settlement of any contention 
that may hereafter arise to, and either party to the contention may, propose to 
leave their differences to arbitration, each party to enter into bond in double 
the amount involved to faithfully abide the result of arbitration. The arbitrators 
shall be selected in the following manner: One discreet person to be selected 
by each party to the contention, and the two to select a third party who shall 
not be connected with either of the principals by blood or otherwise; the three 
shall proceed to organize by electing a chairman from their number, and take 
the following oath, to wit: I do solemnly swear that I will duly consider all 
the evidence adduced by the several parties to this contention, and I will render 
a true verdict or findings according to law and the evidence. The findings of 
said Board of Arbitration shall be final: Provided, That either party to the 
contentions shall have the right of appeal to the Circuit Court by serving 
written notice upon the opposite party within five days after the finding of 
said arbitration, setting forth the grounds of said appeal. And on such appeal 
the Circuit Judge presiding in said court shall hear said appeal as to all ques- 
tions of law and fact without the intervention of a jury. If no such notice be 
given within five days after said finding, then the award of arbitration shall be 
final. The award of the arbitration shall be filed with the Clerk of Court of Com- 
mon Pleas within five days after such finding and when so filed shall become a 
judgment of the Court of Common Pleas for such county. The said arbitrators 
appointed as aforesaid shall have power to subpoena witnesses and send for 
papers with the same powers and penalties as now apply to Magistrates' Courts. 

Civ. C. '22, § 5602; Civ. C. '12, § 3953; Civ. C. '02, § 2849; 1896, XXII, 193. 



CHAPTER 53 
Statute of Frauds 

4895. Parol Leases for a Year or More In- 
valid. 4900. Unrecorded Reservations in Personal 

4896. Assignment of Leases or Estates to Property. 

Be in Writing. 4901. Ratification of Contract Made Dur- 

4897. Certain Parol Contracts Invalid. ing Infancy. 

4898. Contracts for Sale of Goods. 4902. Representations as to Another's Char- 

4899. Parol Gifts. acter, Credit, etc. 

§ 4895. Parol Leases, Etc., Have Force and Effect of Estates at Will Only 
— Proviso. — All estates, interests of freehold, or terms of years, or any uncer- 
tain interests of, in, to, or out of any lands, tenements, or hereditaments, made 
or created by livery and seizin only, or by parol, and not put in writing and 
signed by the parties so making or creating the same, or their agents thereunto 
lawfully authorized, by writing, shall have the force and effect of estates at will 
only, and shall not, either in law or equity, be deemed or taken to have any other 
or greater force or effect ; any consideration for making any such parol leases 
or estates, or any former law or usage, to the contrary notwithstanding, except 
leases not exceeding the term of one year from the time of entry, whereupon 
the rent reserved to the landlord during such term shall amount to two-thirds 
parts, at the least, of the full improved value of the thing demised. 

Civ. C. '22, § 5514 ; Civ. C. '12, § 3735 ; Civ. C. '02, § 2650 ; G. S. 2017 ; R. S. 2149 ; 29 C. 
2, c. 3 ; 1712, II, 545. 



2301 CmL Code § 4896 

§ 4896. No Leases, Estates, Etc., Shall Be Assigned, Granted, Etc., by- 
Parcel. — No leases, estates, or interests, either of freeholder or term of years, 
or any uncertain interests of, in, to or out of any lands, tenements, or heredita- 
ments, shall at any time be assigned, granted, or surrendered, unless it be by 
deed or note, in writing signed by the party so assigning, granting or surrender- 
ing the same, or his agent thereunto lawfully authorized by writing, or by act 
and operation of law. 

Civ. C. '22, § 5515 ; Civ. C. '12, § 3736 ; Civ. C. '02, § 2651 ; G. S. 2018 ; R. S. 2150 ; ITliJ, 
II, 545. 

§ 4897. Promises and Agreements by Parol. — No action shall be brought 
whereby to charge any executor or administrator upon any special promise to 
answer damages out of his own estate ; or whereby to charge the defendant up- 
on any special promise to answer for the debt, default, or miscarriage of another 
person; or to charge any person upon any agreement made upon consideration 
of marriage ; or upon any contract or sale of lands, tenements or hereditaments, 
or any interest in or concerning them; or upon any agreement that is not to be 
performed within the space of one year from the making thereof; unless the 
agreement upon which such action shall be brought, or some memorandum or 
note thereof, shall be in writing, and signed by the party to be charged there- 
with, or some person thereunto by him lawfully authorized. 

Civ. C. '22, § 5516 ; Civ. C. '12, § 3737 ; Civ. C. '02, § 2652 ; G. S. 2019, R. S. 2151 ; 1712, 
II, 545. 

§ 4898. Contracts for Sale of Goods for Fifty Dollars or More — When 
Valid. — No contract for the sale of any goods, wares and merchandise for the 
price of fifty dollars or upwards shall be allowed to be good except the buyer 
shall accept part of the goods so sold and actually receive the same, or give 
something in earnest to bind the bargain, or in part payment, or that some 
note or memorandum in writing of the said bargain be made and signed by the 
parties to be charged by such contract, or their agents thereunto lawfully au- 
thorized. 

Civ. C. '22, § 5517 ; Civ. C. '12, § 3738 ; Civ. C. '02, § 2653 ; G. S. 2020 ; R. S. 2152. 

§ 4899. Parol Gifts. — No parol gift of any chattel shall be valid against 

subsequent creditors or purchasers or mortgagees, except where the donee shall 

live separate and apart from the donor, and actual possession shall, at the 

time of the gift, be delivered to and remain and continue in the donee, his or her 

executors, administrators, or assigns. 

Civ. C. '22, § 5518 ; Civ. C. '12, § 3739 ; Civ. C. '02, § 2654 ; G. S. 2021 ; R. S. 2153 ; 1833, 
VI, 483. 

§ 4900. Parol and Unrecorded Reservations in Personal Property by Ven- 
dors and Bailors — Exceptions. — Every agreement between the vendor and 
vendee, bailor or bailee of personal property, whereby the vendor or bailor shall 
reserve to himself any interest in the same, shall be null and void as to subse- 
quent creditors (whether lien creditors or simple contract creditors) or pur- 
chasers for valuable consideration without notice, unless the same be reduced 
to writing and recorded in the manner now provided by law for the recording 
of mortgages ; but nothing herein contained shall apply to livery stable keepers, 
inn keepers, or any other persons letting or hiring property for temporary use 
or for agricultural purposes, or depositing such property for the purpose of re- 
pairs or work or labor done thereon, or as a pledge or collateral to a loan. 

Civ. C. '22, § 5519 ; Civ. C. '12, § 3740 ; Civ. C. '02, § 2655 ; G. S. 2022 ; R. S. 2154 ; 1843, 
XI, 256 ; 1882, XVIII, 35 ; 1894, XXI, 814 ; 1910, XXVI, 747 ; 1911, XXVII, 137. 



§ 4901 Civil Code 2302 

§ 4901. Actions on Promises as to Contracts Made During Infancy. — No 
action shall be maintained whereby to charge any person upon any promise made 
after full age to pay any debt contracted during infancy or upon any ratifica- 
tion after full age of any promise (except upon contracts for necessaries) made 
•during infancy, unless such promise or ratification shall be made by some writ- 
ing signed by the party to be charged therewith. 

Civ. C. '22, § 5520 ; Civ. C. '12, § 3741 ; Civ. C. '02, § 2656 ; G. S. 2023 ; R. S. 2155 : 1878, 
XVI, 514. 

§ 4902. Action on Representations as to Character, Etc. — No action shall 
be brought whereby to charge any person upon or by reason of any represen- 
tation or assurance made or given concerning or relating to the character, con- 
duct, credit, ability, trade, or dealings of any person, to the intent or purpose 
that such other person may obtain credit, money, or goods thereon, unless such 
representation or assurance be made in writing, signed by the party to be 
charged therewith, or by some person thereunto by him legally authorized. 

Civ. C. '22, § 5521; Civ.'c. '12, § 3742; Civ. C. '02, § 2657; G. S. 2024; R. S. 2156. 



CHAPTER 54 
Legal Holidays 

4903. Holidays Enumerated. 4905. Provisions in Charleston and Rich- 

4904. Thursday of Fair Week. land Counties. 

4906. Mondays as Holiday. 

§ 4903. Legal Holidays. — National Thanksgiving days and all general 
election days, and also the first day of January, the nineteenth day of January, 
the twenty-second day of February, the tenth day of May, the third day of 
June, the fourth day of July, the first Monday in September, the eleventh day of 
November and the twenty-fifth day of December in each and every year shall be 
legal holidays : Provided, That each first Monday in any month shall be a legal 
day of judicial or Sheriff's sales or the transaction of any legal business. 

Civ. C. '22, § 5718 ; Civ. C. '12, § 4201 ; Civ. C. '02, § 3094 ; 1898, XXII, 791 ; 1911, XXVII, 
138; 1917, XXX, 38; 1923, XXXIII, 168. 

§ 4904. Thursday of Fair Week a Holiday in Counties in Which Fair is 
Held. — ^Thursday of fair week in each and every year shall be, and is hereby 
constituted, a legal holiday in all the counties in the State wheresoever the 
State Agricultural and Mechanical Society holds an annual fair. , , 

Civ. C. '22, § 5719 ; Civ. C. '12, § 4202 ; 1906, XXV, 110. 

§ 4905. Special Holiday Provisions in Charleston and Richland Counties — 
Saturday Afternoon — Negotiable Papers. — In Charleston and Richland Coun- 
ties, the holidays mentioned in the last preceding Section, and any and every 
other day which may at any time hereafter be made a public holiday by law, and 
every Saturday from twelve noon until twelve midnight, which is hereby ap- 
pointed a half holiday, shall for all purposes whatsoever, as regard the present- 
ing for payment or acceptance, and of the protesting and giving notice of the 
dishonor of bills of exchange, bank checks and promissory notes made after 
the passage of this Section, be treated, and considered as the first day of the 
week, commonly called Sunday, and as public holidays or half holidays; and 
all such bills, checks and notes, otherwise presentable for acceptance or payment 
on such public holidays, shall be presentable for acceptance or payment on the 
secular or business day next succeeding such holiday; but in the case of a half 
ioliday, such bills, checks and notes shall be presentable for acceptance or pay- 



2303 Civil Code § 4906 

ment at or before twelve o 'clock noon of that day : Provided, however, That for 
the purpose of protesting or otherwise holding liable any party to any bill of 
exchange, check or promissory note, and which shall not have been paid before 
twelve 'clock at noon any Saturday, a demand of acceptance or payment there- 
of may be made, and notice of protest or dishonor thereof may be given after 
twelve o'clock at noon on Saturday, or on the next succeeding secular or busi- 
ness day: And provided, further. That when any person shall receive for col- 
lection any check, bill of exchange, promissory note, due and presentable for 
acceptance or payment on any Saturday, such person shall not be deemed guilty 
of any neglect, or omission of duty, nor incur any liability in not presenting 
for payment, or acceptance, or collecting, such check, bill of exchange or prom- 
issory note on that day: And provided, further, That in construing this Sec- 
tion every Saturday, unless a whole holiday as aforesaid, shall until twelve 
o 'clock noon be deemed a secular or business day : Provided, further. That noth- 
ing herein contained shall render illegal any business which any bank or other 
corporation or person shall see fit to transact on any Saturday after twelve 
o'clock at noon. 

Civ. C. '22, § 5720; Civ. C. '12, § 3095; 1892, XXI, 188; 1898, XXII, 790; 1903, XXIV, 
107. 

§ 4906. Certain Mondays Declared Holidays. — Whenever any of the legal 
holidays mentioned in Section 4903 shall fall upon Sunday, the Monday next fol- 
lowing shall be deemed a public holiday for all or any of the purposes afore- 
said : Provided, however. That in such case all bills of exchange, checks and 
promissory notes made after passage of this Section, which would otherwise 
be presentable for acceptance or payment on the said Monday, shall be deemed 
to be presentable for acceptance or payment on the secular or business day 
next succeeding holiday. 

Civ. C. '22, § 5720 ; Civ. C. '12, § 4203 ; Civ. C. '02, § 3095 ; 1892, XXI, 188 ; 1898, XXII, 
790 ; 1903, XXIV, 107. 



CHAPTEE 55 

Regulation of Certain Professions, Trades and Businesses 

Article 1. Architects, § 4907. 

Article 2. Engineers and Land- Surveyors, § 4915. 

Article 3, Certified Public Accountants, § 4937. 

Article 4. Aeronautics, § 4952. 

Article 5. Auctions and Auctioneers, § 4965. 

Article 6. Hawkers and Peddlers, § 4971. 

Article 7. Pawn Brokers, § 4979. 

Article 8. Dealers in Junk, § 4988. 

Article 9. Mercantile License in Beaufort County, § 4991. 

Article 10. Plumbing and Plumbers, § 4995A. 



ARTICLE 1 

Architects 

4907. Qualifications for Praetiee. 4911. Suspension or Revocation of Certifi- 

4908. State Board of Architectural Exam- cates. 

iners. 4912. Practice by Corporation or Partner- 

4909. Examination of Applicants. ship. 

4910. Fee for Continuation of Practice. 4913. Seal. 

4914. Practicing without Certificate. 



§ 4907 Civil Code 2304 

§ 4907. Qualifications for Practice of Architecture — Must Have Certificate 
of Registration — Not Applicable to Certain Persons. — Any person assuming 
the title of architect, or practicing the profession of architecture in the State 
of South Carolina from and after the first day of July, 1917, must be not less 
than twenty-one years of age, of good moral character, and so skilled in the 
principles of design and construction, that he or she may be entrusted with the 
design and erection of buildings without undue risk to the public safety, and 
before assuming such title, or undertaking such work, must have a certificate 
of registration from the State Board of Architectural Examiners hereinafter 
provided : Provided, however, That nothing in this Article shall be construed 
to apply to contractors, builders, mechanics or private individuals making plans 
and erecting buildings, so long as they do not hold themselves out to the public 
as architects. 

Civ. C. '22, § 2878 ; 1917, XXX, 198 ; 1922, XXXII, 823. 

§ 4908. State Board of Architectural Examiners — How Composed — Term — 
Vacancy — Organization — Meetings — Seal — Compensation. — The Governor shall 
appoint a Board of Examiners, to be known as the "State Board of Architec- 
tural Examiners," composed of five persons, two of whom shall be professors 
of architecture or engineering in universities or colleges controlled by the State, 
and three of whom shall be reputable architects, engaged in the actual practice 
of the profession in this State at the passage of this Article. They shall be ap- 
pointed for terms of one, two, three, four and five years, respectively, and there- 
after in each year as the terms of the members expire, the Governor shall fill the 
vacancies thus occurring by appointment under like conditions and qualifica- 
tions, each and such appointment to be for a term of five years. Vacancies oc- 
curring by reason of death, resignation or removal shall be filled by appoint- 
ment by the Governor for the unexpired term only. The Board of Examiners 
shall meet within thirty days after its appointment, shall organize by the elec- 
tion of a chairman and a secretary and treasurer, and shall adopt rules govern- 
ing its proceedings, and thereafter shall meet at least once each year. The Board 
shall provide itself with a proper seal, with which all its official documents 
shall be sealed. The members of this Board shall receive as compensation the 
sum of ten ($10.00) dollars per diem and five cents for each mile necessarily 
traveled in the discharge of their official duties, and the Board shall have au- 
thority to incur such other expenses as it may deem necessary and proper to 
the administration and enforcement of this law, but all costs and expenses shall 
be paid only from the fees and dues received, and no claim shall be made upon 
the State Treasury under this Article. 

Civ. C. '22, § 2879 ; 1917, XXX, 198 ; 1922, XXXII, 823. 

§ 4909. Examination of Applicants — Who Entitled to Certificate Without 
Examination — Proviso. — The State Board of Architectural Examiners shall, 
at each annual meeting and at such other times as it may deem necessary, ex- 
amine all applicants for admission to practice architecture. These examinations 
shall consist of a rigid inquiry into the age, record, character, education, ex- 
perience, knowledge, attainments and qualifications of the applicant, and may, 
in the discretion of the Board, take the form of written, drawing or oral tests, 
an examination of buildings erected by the applicant, or photographs and draw- 
ings and specifications of same. The minimum qualifications for registration 
shall be as follows: Age, twenty-one years; education, the completion of a 
standard fourteen-unit high school course or the equivalent thereof, and sub- 
sequent thereto such courses in Mathematics, Natural Science, History and 



2305 CmL Code § 4910 

Language as the Board may from time to time prescribe ; experience, three years 
in the employ of a practical architect or architects, covering draughting, design, 
computing, estimating, specifications and supervision: Provided, however, That 
full graduation from a school of architecture, the standard of which is satis- 
factory to the Board, shall be regarded as equivalent to two years' experience; 
attainments, a sound working knowledge of architectural design, planning, ma- 
terials, construction, sanitation, mechanical equipment, costs, business adminis- 
tration, building law, professional practice and ethics. Any person who is shown 
upon examination to meet these requirements to the reasonable satisfaction of 
the Board, and to be of good moral character and trustworthy shall be en- 
titled to a certificate of registration. An architect registered in another State, 
territory or foreign country, having standards of registration equal to those 
in this State may be registered upon a satisfactory showing of character and 
record only. All architects resident and practicing in this State at the time of 
the passage of this Article shall be entitled to a certificate admitting them to 
practice without examination : Provided, Application for same shall be made 
on or before the first day of July, 1917, accompanied by the fee hereinafter 
prescribed. 

Civ. C. '22, § 2880 ; 1917, XXX, 198 ; 1920, XXXI, 832 ; 1922, XXXII, 823. 

§ 4910. Fee for Continuation of Practice. — Every architect applying for 
registration in this State shall pay to the Board the sum of twenty-five ($25.00) 
dollars, and no application shall be considered until such fee has been paid; 
in ease an application is rejected, ten ($10.00) dollars of the fee shall be re- 
funded. Every architect continuing to practice in South Carolina shall on or 
before the first day of July in each year pay to the Board of Architectural 
Examiners a fee of five ($5.00) dollars, and apon failure so to do shall have his 
or her certificate to practice revoked ; such certificate may, however, be re- 
newed at any time within one year upon payment of a fee of ten ($10.00) dol- 
lars. 

Civ. C. '22, § 2881 ; 1917, XXX, 198 ; 1922, XXXII, 828. 

§ 4911. Suspension or Revocation of Certificate — Trial — Appeal. — The 

Board of Architectural Examiners may suspend for a period, or revoke, the 
certificate of admission to practice and forbid further practice by any architect 
upon conviction, after a fair and impartial trial of any dishonest practice, un- 
professional conduct or incompetence. For the purpose of such fair and im- 
partial trial, the Board shall have full power to subpoena and examine witnesses 
under oath, as to the facts of the case. Any architect against whom charges are 
preferred shall have not less than sixty days' notice before the trial of his case, 
and shall have the right to have witnesses subpcenaed in his behalf, and of being 
heard in person and by counsel. Any such trial shall be open to the public. Any 
architect convicted before the Board shall have the right to appeal to the Cir- 
cuit Court of Common Pleas the same as in other causes in said court. 
Civ. C. '22, § 2882 ; 1917, XXX, 198. 

§ 4912. Practice of Architecture by Corporation or Partnership. — A cor- 
poration or partnership may practice architecture in this State provided the 
person or persons connected with such corporation or partnership in respon- 
sible charge of such practice is, or are, registered as herein required and pro- 
vided such persons only assume the title of architect or are held out to the 
public as architects. 

Civ. C. '22, § 2883 ; 1917, XXX, 198 ; 1920, XXXI, 832 ; 1922, XXXII, 823. 



§ 4913 Civil Code 2306 

§ 4913. Seal Required. — Every architect or firm practicing in this State 
must have a seal, the impression of which must contain the name of the archi- 
tect, his or her place of business, and the words, "Eegistered Architect, State 
of South Carolina," with which he or she must stamp all drawings, prints and 
specifications for use in his or her profession. 

Civ. C. '22, 2884 ; 1917, XXX, 198 ; 1922, XXXII, 823. 

§ 4914. Penalty for Practicing Architecture Without Certificate. — Any per- 
son practicing architecture in this State after July 1, 1917, without a certificate 
of admission to practice, shall be guilty of a misdemeanor, and shall be sub- 
ject to a fine of not exceeding one hundred dollars ($100.00) for each and 
every day so practicing, and shall not be entitled to recover in the courts of 
this State compensation for his or her services. 

Civ. C. '22, § 2885 ; 1917, XXX, 198 ; 1922, XXXII, 823. 



ARTICLE 2 

Engineers and Land Surveyors 

4915. Registration. 4926. Reciprocal Examination. 

4916. Expenses not to Exceed Fees. 4927. Revocation of Certificate. 

4917. Definitions. 4928. Renewal of Registration. 

4918. State Board of Engineering Exam- 4929. Proof of Registry. 

iners. 4930. Provisions Applicable to Corporations. 

4919. Certificate of Registration. 4931. Publication of List of Registrants. 

4920. Organization of Board. 4932. Land Surveyors of Five- Year Stand- 

4921. Employees. ing. 

4922. Admission to Examination. 4933. Penalty. 

4923. Examinations. 4934. Exemptions. 

4924. Fees. 4935. Not Applicable to Registered Archi- 

4925. Certification without Examination. tects. 

4936. Exemption of Registrants. 

§ 4915. Registration of Engineers and Land Surveyors. — In order to safe- 
guard life, health and property, any person practicing or offering to practice 
professional engineering or land surveying hereafter in this State shall be re- 
quired to submit evidence that he or she is qualified so to practice, and shall be 
registered as hereafter provided; and that it shall be unlawful for any person 
to practice or to offer to practice professional engineering or land surveying in 
this State unless such person has been duly registered as a professional engineer 
or land surveyor, or has been exempted from registration under the provisions 
of this Article : Provided, That the provisions of this Article shall not apply 
to land surveyors unless they desire to hold themselves out as registered land 
surveyors. 

1922, XXXII, 1030 ; 1928, XXXV, 1296. 

§ 4916. Expenses Not to Exceed Fees Collected. — Under no circumstances 
shall the total amount of warrants issued by the State Auditor in payment of 
the expenses and compensations provided in this Article exceed the amount of 
the examination and registration fees collected as herein provided. 

1922, XXXII, 1030. 

§ 4917. Terms Defined.— As used in this Article : "* 

(a) The "Board" means the State Board of Engineering Examiners pro- 
vided for by this Article. 

(b) "Surveyor," any person who shall be engaged in locating, establishing 
or relocating any land boundary lines between two or more landowners, or 
who shall be engaged in locating any United States Government, State, county, 



2307 Civil Code § 4918 

township or municipal land survey lines, or the lines of any public streets or 
roads, is hereby declared to be a surveyor and as practicing land surveying 
within the provisions of this Article. 

(c) Any person who shall be engaged in the designing or supervising of the 
construction, enlargement or alteration of any engineering structure, or utilities, 
as hereinafter defined, or any part thereof for others and to be constructed by 
persons other than himself, shall be regarded as practicing professional engi- 
neering within the meaning of this Article. The practice of professional engineer- 
ing within the meaning of this Article embraces the design and the supervision 
of the construction of public and private utilities,' such as railroads, bridges, 
highways, roads, canals, harbors, river improvements, lighthouses, wet docks, 
dry docks, ships, barges, dredges, cranes, floating docks and other floating prop- 
erty, the design and the supervision of the construction of steam engines, tur- 
bines, internal combustion engines and other mechanical structures, electrical 
machinery and apparatus, and of works for the development, transmission or ap- 
plication of power, the design and the supervision of mining operations and of 
processes and apparatus for carrying out such operations, and the design and 
supervision of the construction of municipal works, irrigation works, water 
supply works, sewerage works, drainage works, industrial works, sanitary 
works, hydraulic works and structural works and other public or private utili- 
ties or works which require for their design or supervision of the construction 
such experience and technical knowledge as are required in Section 4922. The 
execution as a contractor of work designed by a professional engineer, or the 
supervision of the construction of such work as a foreman or superintendent 
for such a contractor shall not be deemed to be the practice of professional en- 
gineering within the meaning of this Article. 

(d) ''Engineer" means any person who practices professional engineering. 
1922, XXXII, 1030. 

§ 4918. State Board of Engineering Examiners — Appointment — Term — 
Qualifications — Compensation. — There is hereby created a State Board of En- 
gineering Examiners consisting of five members, to be appointed by the Governor 
within sixty (60) days after the passage of this Article. Three members of the 
board shall be civil engineers, one a mining or electrical engineer, and the other 
one a mechanical engineer or naval architect. Of the members of the board first 
appointed hereunder, two shall hold office for a term of two years, two shall 
hold office for a term pf three years, and one shall hold office for a term of four 
years, each term of office ending the first day of July. Upon the expiration of 
each of such terms the term of office of each member thereafter appointed shall 
be four years. Each member shall hold over the expiration of his term until 
his successor shall be duly appointed and qualified. The Governor may remove 
any member of the board for misconduct, incapacity or neglect of duty. Vacan- 
cies in the board caused by death, resignation or removal from office shall be 
filled by appointment by the Governor for the unexpired term. Each member 
of the board shall be a professional engineer of at least ten years' active experi- 
ence and of recognized good standing in his profession and shall be at least 
thirty-five years of age and shall have been a resident of this State for at least 
three years immediately preceding this appointment. Each member of said 
Board, except the members first appointed hereunder, shall also be registered 
as a professional engineer under this Article. The members of the Board shall 
receive as compensation the sum of ten ($10.00) dollars per day for the time 
actually spent in traveling to and from and in attending sessions of the Board 



§ 4919 Civil Code 2308 

and its committees, and each member shall receive all necessary expenses inci- 
dent to the performance of his duties under this Article. 
1922, XXXII, 1030. 

§ 4919. Oath— Registration— Seal— By-Laws. — Every member of the Board 
shall receive a certificate of his appointment from the Governor, and before 
beginning his term of office shall file with the Secretary of State his written oath 
for the faithful discharge of his official duty. Each member of the Board first 
appointed hereunder shall receive a certificate of registration under this Article 
from said Board, The Board shall adopt and have an official seal. The Board 
may make all by-laws and rules not inconsistent with law needed in performing 
its duties ; but no by-law or rule by which more than a majority vote is required 
for any specified action by the Board shall be amended, suspended or repealed 
by a smaller vote than that required for action thereunder. 

1922, XXXII, 1030. 

§ 4920. Organization — Secretary — Expenditures — Reports. — The Board 
shall annually elect from its members a chairman, a vice-chairman and a secre- 
tary. The secretary shall give a surety bond in the sum of three thousand 
($3,000.00) dollars, conditioned for the faithful performance of his duties and 
for the accounting and paying over of all moneys received by him. The pre- 
mium on said bond shall be paid from the fund of the Board hereinafter pro- 
vided. The secretary shall keep on file a record of all certificates of registration 
granted. He shall receive and account for all fees derived from the operation 
of this Article, and shall pay to the State Treasurer, who shall keep such moneys 
in a separate fund, to be known as the Fund of the Board of Engineering Ex- 
aminers, continued from year to year, to be drawn against only for the expenses 
of the Board. Warrants for the payment of the expenses incurred shall be 
issued by the Comptroller General of the State and paid by the State Treasurer 
upon presentation of vouchers regularly drawn by the chairman and the secre- 
tary of the Board : Provided, however, That at no time shall the total amount 
of warrants exceed the total amount of fees paid under this Article. On or 
before the 30th day of June in each year the Board shall submit to the Gover- 
nor a written report of its transactions for the preceding year, and shall file 
with the Secretary of State a copy of said report, together with a complete 
statement of the receipts and expenditures of the Board, attested by the affida- 
vits of the chairman and secretary, and a complete list of those registered under 
this Article, with their addresses and the dates of their certificates of registra- 
tion. The Board shall hold at least two regular meetings in each year, special 
meetings may be called in such manner as the by-laws of the Board may pro- 
vide. Notice of all meetings shall be given in such manner as the b3''-laws of the 
Board may provide. At all meetings a majority of the Board shall constitute 
a quorum. 

§ 4921. Employees. — The Board shall have power to employ, during its 
pleasure such clerks and other employees and to rent such offices as may be nec- 
essary for the proper performance by it of its duties as in this Article prescribed. 

1922, XXXII, 1030. 

§ 4922. Admission to Examination. — The Board shall admit to examina- 
tion any candidate who pays a fee of fifteen ($15.00) dollars and submits evi- 
dence verified by oath and satisfactory to the Board that he : 

(a) Is more than twenty-one (21) years of age. 

(b) Is of good character, and 



2309 Civil Code § 4923 

(c) Has been engaged in the practice of professional engineering or land sur- 
veying for at least four (4) years, and during that period has had charge of said 
work as principal or assistant for at least one year. 

(d) Or, in lieu of requirement (c) specified above, is a graduate from an en- 
gineering school. 

(e) Provided, however, That no person shall be eligible for registration who is 
not a citizen of the United States of America unless he has filed his first papers 
for naturalization ; and then he will be required to have completed his naturali- 
zation within three years from the date that he is granted certificate of registra- 
tion, or he will be deprived from further practicing his profession or calling, as 
set forth in this Article. 

1922, XXXII, 1030 ; 1928, XXXV, 1296. 

§ 4923. Examinations. — Examinations for registration shall be held at 
regular special meetings of the Board at such times and at such places within the 
State in each years as the Board shall determine. The scope of the examinations 
and the methods of procedure shall be prescribed by the Board with special ref- 
erence to the applicant's ability to design and supervise engineering works, which 
shall insure the safety of life and property. Examinations shall be held to deter- 
mine the qualifications of applicants for registration separately in surveying or 
in any one of the branches of professional engineering, embracing civil, mechani- 
cal and electrical, mining or naval architecture. The examination may be either 
oral or partly oral and partly written. As soon as practicable after the close of 
each examination the members of the Board who shall have conducted such exam- 
ination shall make and sign and file with the secretary a certificate stating the 
action of the Board upon the application of each candidate, whereupon the sec- 
retary of the Board shall notify each candidate of the result of his examination. 
A candidate failing on examination may, after an interval of not less than one 
year, be examined again. 

1922, XXXII, 1030. 

§ 4924. Fees — Certificates. — In the case of examination as professional en- 
gineer, upon receipt of an additional fee of ten ($10.00) dollars, the Board shall 
issue to any applicant who has been reported to have passed the examination 
conducted by the Board, a certificate of registration as a professional engineer 
in the branch or branches in which he is qualified, signed by the chairman and 
secretary of the Board under the seal of the Board, whereupon such applicant 
shall be authorized to practice professional engineering as defined by this Article. 
In case of examination as land surveyor the Board shall issue to any applicant 
who has been reported to have passed the examination conducted by the Board, 
a certificate of registration as land surveyor, signed by the chairman and secre- 
tary of the Board under the seal of the Board, whereupon such applicant shall 
be authorized to practice land surveying as defined by this Article. A certificate 
of registration as a professional engineer shall not carry with it the right to 
practice land surveying unless it is specially permitted by said certificate, which 
permission shall be granted by the Board without additional fee in the case of 
any applicant duly qualified as prescribed by the rules of the Board. 

1922, XXXII, 1030 ; 1928, XXXV, 1296. 

§ 4925. Certification Within One Year Without Examination. — At any time 
within one year after this Article becomes effective, upon due application thereof 
and the payment of a fee of twenty-five ($25.00) dollars, the Board shall issue 
a certificate of registration, as provided by Section 4924, to any professional en- 
gineer or land surveyor who shall submit evidence under oath and satisfactory 
to the Board that he is of good character, has been a resident of the State of 



§ 4926 Civil Code 2310 

South Carolina for at least one year immediately preceding the date of his appli- 
cation, and has practiced professional engineering or land surveying preceding 
the date of his application, and during that period has had charge of engineering 
vrork or land surveying as principal or assistant. After this Article shall have 
been in effect one year, the Board shall issue certificates of registration only as 
provided in Sections 4919, 4924 and 4925. 
1922, XXXII, 1030. 

§ 4926. Eeciprocal Registration. — The Board shall, from time to time, ex- 
amine the requirements for the registration of professional engineers in other 
States, territories and countries and shall record those in which, in the judgment 
of the Board, standards not lower than those provided by this Article are main- 
tained. The secretary of the Board, upon the presentation to him by any person 
of satisfactory evidence that such person holds a certificate of registration issued 
to such person by proper authority in any such State, territory or country as 
recorded and upon receipt by him of a fee of twenty-five ($25.00) dollars, shall 
issue to such person a certificate of registration under this Article, signed by the 
president and secretary under the seal of the Board, whereupon the person to 
whom such certificate is issued shall be entitled to all the rights and privileges 
conferred by a certificate issued after examination by the Board. 

1922, XXXII, 1030; 1928, XXXV, 1296. 

§ 4927. Revocation of Certificate. — It shall be the duty of the Board to in- 
quire into the identity of any person practicing or claiming to be a land surveyor 
or professional engineer. The Board shall have the power by a four-fifths vote to 
revoke the certificate of any professional engineer or land surveyor registered 
hereunder, found guilty of any fraud, deceit or gross incompetency in his prac- 
tice, or guilty of any fraud or deceit in obtaining his certificate, or in case he is 
found by the same vote to be incompetent. Proceedings for the revocation of 
license of registration shall be begun by filing with the secretary of the Board 
written charges against the accused. The Board shall designate a time and place 
for a hearing and shall notify the accused of this action and furnish him a 
copy of all charges at least ten days prior to the date of the hearing. The ac- 
cused shall have the right to appear personally or by counsel, to cross examine 
witnesses or to produce witnesses in his defense. The Board may summon wit- 
nesses and administer oaths. It shall be the duty of the Board to prosecute any 
persons ^'iolating the provisions of this Article. 

1922, XXXII, 1030. 

§ 4928. Renewal of Registration. — Every certified professional engineer so 
registered under this Article who desires to continue the practice of his profes- 
sion shall annually pay to the secretary of the Board a fee of five ($5.00) dollars 
on or before a date to be fixed by the Board, for which fee a renewal certificate 
of registration for the current year shall be issued. Every land survej^or so regis- 
tered under this Article who desires to continue the practice of his profession 
shall annually pay to the secretar}' of the Board a fee of three ($3.00) dollars on 
or before a date to be fixed by the Board, for which fee a renewal certificate for 
registration for the current year shall be issued. 

1922, XXXII, 1030 ; 1928. XXXV, 1296. 

§ 4929. Proof of Registry. — An unrevoked certificate and endorsement of 
registry made as provided in this Article shall be presumptive evidence in all 
courts and places that the person named therein is legally registered. 

1922, XXXII, 1030. 

§ 4930. Article Applicable to Corporations. — The provisions of this Article 
shall apply to every corporation, domestic or foreign, engaged in the business of 



2311 CmL Code § 4931 

professional engineering within the State of South Carolina, except that certifi- 
cate of registration issued hereunder shall be held by one or more of its officers 
or employees instead of by such corporation. 
1922, XXXII, 1030. 

§ 4931. Animal Publication of List of Registrants. — The Board each year 
shall certify and publish a complete list of registered professional engineers and 
land surveyors with their business addresses. 

1922, XXXII, 1030 ; 1928, XXXV, 1296. 

§ 4932. Land Surveyors of Five-Year Standing. — Nothing contained in this 
Article shall apply to land surveyors who shall have been engaged in the active 
practice of their profession as land surveyors as long as five years prior to the 
date hereof, but such surveyors may obtain registration upon voluntary com- 
pliance with the terms of this Article. 

1922, XXXII, 1030 ; 1928, XXXV, 1296. 

§ 4933. Violation a Misdemeanor — Penalty. — Any person who, not being 
then legally authorized to practice professional engineering or land surveying 
within this State according to the provisions of this Article and so registered 
according to law, shall practice, or attempt or advertise to practice, or hold him- 
self out as authorized to practice professional engineering or land surveying, 
or shall use in connection with his name, or otherwise assume, use or advertise 
any title or designation tending to convey the impression that he is a professional 
engineer or registered land surveyor shall be deemed guilty of a misdemeanor, 
and shall for each offense of which he is convicted be punished by a fine not to 
exceed five hundred ($500.00) dollars, or by imprisonment not to exceed three 
months, or both such fine and imprisonment. 

1922, XXXII, 1030. 

§ 4934. Exemptions from Act. — This Article shall not apply to military 
engineering or to any professional engineer working for the United States Gov- 
ernment, nor to employees of railroads or interstate public service corporations. 
Nor to any professional engineer employed as an advisor or as an assistant to a 
professional engineer registered under this Article; nor to any professional en- 
gineer coming from without this State and employed therein until a reasonable 
time, as prescribed by the rules of the Board, shall have elapsed to permit the 
registration of such person under this Article : Provided, That before practicing 
within this State he shall have applied for the issuance to him of a certificate of 
registration and shall have paid the fee prescribed in this Article. 

1922, XXXII, 1030. 

§ 4935. Not Applicable to Registered Architects. — This Article shall not 
apply to any architect registered by the State of South Carolina under the pro- 
visions of the Article creating the State Board of Architecture. 

1922, XXXII, 1030. 

§ 4936. Registrants Exempt from Certain Provisions of Act Requiring 
Licensing of Architects. — Persons licensed to practice professional engineer- 
ing in this State under this Article shall be exempt from the provisions of any 
Article providing for the licensing of architects or regulating the practice of 
architecture in so far as the definition of "buildings" in any said Architects' 
Act may include, or be included in the structures enumerated in Section 4917 of 
this Article. 

1922, XXXII, 1030. 



§ 4937 



Civil Code 



2312 



ARTICLE 3 
Certified Public Accountants 



4937. Practicing Public Accounting. 



4938. 
4939. 
4940. 
4941. 
4942. 
4943. 



Certificate of Registration. 
Board of Examiners. 
Personnel of Board. 
Organization of Board. 
Examination and Certificate. 
Use of Title C. P. A. 



4944. Copies of Certificate as Evidence. 

4945. Registration of Certificate. 

4946. Display of Certificate. 

4947. Duties and Compensation of Board. 

4948. Annual License Fee. 

4949. Revocation of Certificate. 

4950. Penalty for Violation. 



4951. No Certificate to Minor. 



§ 4937. Who Practicing Public Accounting. — Any person shall be deemed 
to be practicing public accounting as a certified public accountant within the 
meaning of this Article who shall display a sign or in any way advertise himself 
as a certified public accountant. 

Civ. C. '22, § 2886 ; 1915, XXIX, 157. 

§ 4938. Certificate of Registration — ^When Necessary. — It shall be unlaw- 
ful for any person to hold himself out as certified public accountant, or to use 
the title certified public accountant, or the initials "C. P. A.," in the State of 
South Carolina unless such person shall have obtained a certificate of registration 
from the South Carolina State Board of Examiners of Public Accountants, as 
hereinafter provided. 

Civ. C. '22„ § 2887 ; 1915, XXIX, 157. 

§ 4939. Board of Examiners. — There is hereby created a Board whose duty 
it shall be to carry out the purposes and enforce the provisions of this Article, 
and shall be styled the South Carolina Board of Examiners of Public Account- 
ants. 

Civ. C. '22, § 2888 ; 1915, XXIX, 157. 

§ 4940. Members of Board — Qualification. — Said Board shall consist of 
three members, two of whom shall have been resident public accountants engaged 
in the actual practice of public accounting in the State of South Carolina for a 
period of three years prior to their appointment, or shall have been employed 
within five years next preceding the passage of this Article, in the State of South 
Carolina for at least three years, both in public accounting and as chief or head 
bookkeeper managing an accounting department consisting of at least two ac- 
countants other than himself, one an attorney at law, who, in a like manner, has 
been engaged in the practice of his profession for three years prior to his appoint- 
ment in courts of this State. The term of each member shall be three years and 
until his successor is appointed and qualified, and vacancies shall be filled for 
the unexpired term only; but in the original appointment of members of the 
Board, one shall be appointed for the term of one year, one for two years and 
one for three years. Said Board shall be appointed by the Governor of this State 
within thirty days after this Article shall become effective, and thereafter as 
vacancies occur. After the first Board has been appointed only licensed certified 
public accountants shall be eligible to appointment. 

Civ. 0. '22, § 2889 ; 1915, XXIX, 157. 

§ 4941. Boards — Oath — Organization — Quorum — Meetings — Notice — Rules. 

— The members of said Board shall qualify by taking the oath of office before a 
Notary Public or other officer empowered to administer oaths, and a record of 
same filed in the office of Secretary of State. At the first meeting of said Board 
after each annual appointment, the Board shall elect a president, vice-president 
and secretary-treasurer. Two members of the Board shall constitute a quorum. 



2313 Civil Code § 4942 

Kegular meetings shall be held at least once a year at such time and place as shall 
be deemed most convenient for applicants. Due notice of such meeting shall be 
given by publication in such papers as may be selected by the president of the 
Board. The Board raay prescribe rules, regulations and by-laws, in harmony v^ith 
the provisions of this Article, for its own proceedings and government, for the 
examination of applicants for the practice of accounting. Said Board, or any 
member thereof, shall have the power to administer oaths for all purposes re- 
quired in the discharge of its duties, and shall adopt a seal to be affixed to all its 
official documents. 

Civ. C. '22, § 2890 ; 1915, XXIX, 157. 

§ 4942. Examination — Application for — Fee — ^Register — Certificate. — Ev- 

ery person before beginning to practice as a certified public accountant in this 
State after the passage of this Article, shall pass an examination before said 
Board of Examiners in (1) Accounting Theory and Practice, (2) Auditing, (3) 
Commercial Law. Each applicant desiring to be examined by said Board must 
fill out and swear to an application at least three weeks prior to the holding of 
the examination he or she desires to take. Each applicant making application for 
examination must submit evidence satisfactory to the Board that he or she (1) 
is a bona fide citizen of South Carolina of legal age, (2) is possessed of a high 
school education or its equivalent (3) and must pay to the Board a fee of $20.00. 
The Board shall keep a register in which shall be recorded the name of the per- 
son examined and shall also record whether the applicant successfully passed 
the examination or not. The Board shall issue certificates licensing as Certified 
Public Accountants such persons who successfully pass the examination: Pro- 
vided, That those persons submit evidence satisfactory to the Board that they 
have had at least two years' actual experience as public accountants either on 
their own account or in the employ of South Carolina Certified Public Account- 
ants or three years' actual experience in another State or foreign nation either on 
their own account or in the employ of a public accountant licensed by the State 
or foreign nation in which they have practiced. Any person who successfully 
passes the examination and cannot at that time meet the requirements of the 
Board as to actual experience may in the future, after he has acquired the nec- 
essary experience in actual work as public accountant, apply for a certificate 
submitting evidence to that effect. If the evidence is satisfactory to the Board 
then the Board shall license such person as a Certified Public Accountant. Cer- 
tificates issued by the Board shall be signed by the president and secretary of 
the Board, and the Board shall collect from the recipient a fee of $5.00 for the 
issuance of the certificate which sum shall be for the use of the Board: Pro- 
vided, That the Board may in its discretion, upon application in writing, waive 
the examination and issue a certificate to any person who has the qualifications 
required by this Article and the rules of the Board, except residents in South 
Carolina, when such person shall submit to said Board such evidence as to 
said qualifications as may be required by and be satisfactory to the Board, and 
when such person for not less than three years has had the degree of certified 
accountant or chartered accountant, issued by or under authority of another 
State or foreign nation, and such certificate was issued with the approval of the 
State Board of Accountancy or Examiners of the State or nation issuing same : 
And provided, further, That the standards prescribed by law or the rules and 
examinations conducted are, in the opinion of the Board, fully equivalent to 
the standards in this State : And provided, further, That if for any reason the 
certificate of original issue be revoked or cancelled, the Board of Accountancy 
of this State shall forthwith revoke and cancel the certificate issued to such per- 



§ 4943 Civil Code 2314 

son in accordance with this Section : And provided, further, That any nonres- 
ident of South Carolina obtaining a certificate in this State under the provisions 
of this Section shall pay such application, certificate, and annual license fees 
as are required of hona fide residents of this State, and shall be subject to such 
regulations and restrictions as are required of hona fide residents of South Caro- 
lina, recipients of certificates of registration under this Article : And provided, 
further. That any nonresident registered under this Article shall have his 
certificate recorded with the Clerk of the Circuit Court for any county in 
South Carolina. 

Civ. C. '22, § 2891 ; 1915, XXIX, 157 ; 1920, XXXI, 788 ; 1930, XXXVI, 1315. 

§ 4943. Certain Persons May Use Title C. P. A. — Fee. — To every person 
who shall, within sixty days after the passage and approval of this Article, 
submit to said Board of Examiners satisfactory proof as to character, com- 
petency and qualifications, and that he is a hona fide resident of this State, and 
has been continually engaged in the practice of accounting in this State for 
more than three years prior to the passage of this Article, or shall possess the 
qualifications stated in Section 4940, said Board shall, in consideration of the 
.sum of ten dollars, issue to him a certificate of registration, and such person 
shall be entitled to use the title Certified Public Accountant. 

Civ. C. '22, § 2892 ; 1915, XXIX, 157. 

§ 4944. Copies of Certificates as Evidence. — All persons entitled to a cer- 
tificate of registration under the provisions of Section 4993 shall be exempt from 
the provisions of Section 4942 of this Article, also every person entitled to a 
certificate under Section 4943, as herein provided, must make application there- 
for and present the evidence to entitle him thereto. Before any certificate is 
issued it shall be numbered and recorded in a book kept by the secretary of 
the Board of Examiners and its number shall be noted upon the certificate. In 
all legal proceedings the record so kept in the office of the secretary of the 
Board, or certified copies thereof, shall be evidence of the facts therein stated. 

Civ. C. '22, § 2893 ; 1915, XXIX, 157. 

§ 4945. Certificates to Be Recorded — Fee — Forfeiture. — All recipients of 
certificates of registration under this Article shall have the same recorded in the 
office of the Clerk of the Circuit Courts of the county in which they reside, and 
shall pay a fee of fifty cents to the Clerk for recording same. Said Clerk shall 
record said certificates in a book provided for that purpose. Any failure, neg- 
lect or refusal on the part of any person holding such certificate of registra- 
tion to display or record the same as herein provided, for three months after the 
issuance of said certificate, shall forfeit all rights thereunder. 

Civ. C. '22, § 2894 ; 1915, XXIX, 157. 

§ 4946. Certificate to Be Displayed. — Every person to whom a certificate 
of registration is granted under this Article shall display the same in a con- 
spicuous place in his or her principal office, place of business or employment. 

Civ. C. '22, § 2895 ; 1915, XXIX, 157. 

§ 4947. Compensation of Board — How Paid — Secretary and Treasurer — 
Duties — Bond — Report. — Out of the funds coming into possession of said 
Board each member thereof may receive as compensation the sum of ten dol- 
lars and expenses for each day actually engaged in the duties of liis office and 
mileage at three cents per mile for all distances necessarily traveled in going 
to and from the meetings of the Board. Said expenses shall be paid from fees 
and licenses received by the Board under the provisions of this Article, and no 
part of the salary or other expenses of the Board shall ever be paid out of the 



2315 Civil Code § 4948 

State Treasury. All money received in excess of said per diem allowance and 
mileage-, as above provided for, shall be held by the secretary and treasurer as 
a special fund for meeting the expenses of said Board and carrying out the 
provisions of this Article, and he shall give such bond as the Board shall from 
time to time direct, and the said Board shall make an annual report of its pro- 
ceedings to the Governor on the first Monday of January in each year, which 
report shall contain an account of all moneys received and disbursed by them 
pursuant to this Article. 

Civ. C. '22, § 2896 ; 1915, XXIX, 157. 

§ 4948. Annual License Fee — License Revoked — Regulated — Penalties.— 

Every registered Certified Public Accountant who desires to continue the prao^ 
tice in this State shall, annually, on or before the first day of July of each year, 
pay to the secretary of said Board a license fee, to be fixed by the Board, and 
which shall in no case exceed the sum of ten dollars per annum, for which he 
shall receive a renewal of such license, and in case of the default of such pay- 
ment by any person, his or her certificate shall be revoked by the Board of 
Examiners on twenty days' notice in writing by the secretary, of the time and 
place of considering such revocation, and deposit of said notice in the United 
States postofiice, addressed to the person at his or her last known place of 
residence or business, and the registered postage prepaid thereon, shall be proof 
of due and legal service of such notice, but no certificate shall be revoked for 
nonpayment if the person so notified shall pay such penalty as may be imposed 
by said Board: Provided, That the said Board may impose a penalty not ex- 
ceeding twenty-five dollars upon the persons so notified as a condition for al- 
lowing certificate to stand valid. Any person whose certificate of registration has 
been revoked for failure to pay his or her renewal fee, as herein provided, may 
apply to have the same regranted to him or her upon paymnt to the Board of 
all renewal fees that should have been paid had the certicate of registration not 
been revoked. 

Civ. C. '22, § 2897 ; 1915, XXIX, 157 ; 1930, XXXVI, 1315. 

§ 4949. Cause of Revocation of Certificate. — Any person registered as pro- 
vided for in this Article may have his certificate of registration revoked or sus- 
pended by the South Carolina State Board of Examiners of Public Accountants 
for any of the following causes : 

(1) His or her conviction of a crime involving moral turpitude, in which 
case the record of conviction, or a certified copy thereof by the Clerk of Court, 
or by the Judge in whose court the conviction is had, shall be conclusive evidence. 

(2) "When his or her certificate of registration has been secured by fraud 
or deceit. 

(3) For unprofessional conduct or for gross ignorance or inefficiency in his 
profession. 

Civ. C. '22, § 2898 ; 1915, XXIX, 157. 

§ 4950. Violation of This Article Misdemeanor — Penalty. — Any person who 
shall violate any of the provisions of this Article shall be deemed guilty of a 
misdemeanor, and, upon conviction in a court of competent jurisdiction, shall 
be punished by a fine of not less than twenty-five dollars and not exceeding one 
hundred dollars, or by imprisonment not less than twenty days and not ex- 
ceeding thirty days, and all fines thus received, one-fourth shall be paid to the 
party or parties furnishing proof necessary to convict, three-fourths to go to the 
common school fund in the county in which conviction takes place. 

Civ. C. '22, § 2899 ; 1915, XXIX, 157. 



§ 4951 



Civil Code 



2316 



§ 4951. No Certificate to One Under Legal Age. — It shall be unlawful for 
the Board of Examiners to grant a certificate to anyone under legal age. 
Civ. C. '22, § 2900 ; 1915, XXIX, 157 ; 1930. XXXYI, 1315. 



ARTICLE 4 

Aeronautics 



4952. 4964. Definitions. 

4953. Sovereignty. 

4954. Ownership. 

4955. Flights and Landings. 

4956. Liability for Damage. 

4957. Collisions. 



4958. Crime and Torts. 

4959. Contracts. 

4960. Misdemeanors. 

4961. Hunting from Aircraft. 
4962-3. Construction and Citation. 
4964. License of Aircraft and Operators. 



§ 4952. Terms Defined. — In this Article, "aircraft" includes balloon, air- 
plane, hydroplane, and every other vehicle used for navigation through the 
air. A hydroplane, while at rest on water and while being operated on or im- 
mediately above water, shall be governed by the rules regarding water naviga- 
tion : while being operated through the air otherwise than immediately above 
water, it shall be treated as an aircraft. "Aeronaut" includes a^^iator, pilot, bal- 
loonist, and every other person having any part in the operation of aircraft 
while in flight. "Passenger"" includes any person riding in an aircraft but hav- 
ing no part in its operation. 

1929, XXXVI, 220. 

§ 4953. Sovereignty. — Sovereignty in the space above the lands and waters 
of this State is declared to rest in the State, except where granted to and as- 
sumed by the United States pursuant to a constitutional grant from the people 

of this State. 

1929, XXXVI, 220. 

§ 4954. Ownership. — The ownership of the space above the lands and wa- 
ters of this State is declared to be vested in the several owners of the surface 
beneath, subject to the right of flight described in Section 4955. 

1929, XXXVI, 220. 

§ 4955. Flights and Landings. — ^Flights in aircraft over the lands and wa- 
ters of this State is lawful, unless at such a low altitude as to interfere with 
the then existing use to which the land or water, or the space over the land or 
water, is put by the owner, or unless so conducted as to be imminently dan- 
gerous to persons or property lawfully on the land or water beneath. The land- 
ing of an aircraft on the lands or waters of another, without his consent is un- 
lawful, except in the case of a forced landing. For damages caused by a forced 
landing, however, the owner or lessee of the aircraft or the aeronaut shall be 
liable, as provided in Section 4956. 

1929, XXXVI, 220. 

§ 4956. Liability for Damages. — The owner of every aircraft which is 
operated over the lands or waters of this State is absolutely liable for injuries 
to persons or property on the land or water beneath, caused by the ascent, de- 
scent or flight of the aircraft, or the dropping or falling of any object therefrom, 
whether such owner was negligent or not, unless the injury is caused in whole 
or in part by the negligence of the person injured, or of the owner or bailee of 
the property injured. If the aircraft is leased at the time of the injury to per- 
son or property, both owner and lessee shall be liable, and they may be sued 
jointly, or either or both of them may be sued separately. An aeronaut who is 



2317 CrviL Code § 4957 

not the owner or lessee shall be liable only for the consequences of his own neg- 
ligence. The injured person, or owner or bailee of the injured property, shall 
have a lien on the aircraft causing the injury to the extent of the damage caused 
by the aircraft or objects falling from it. 
1929, XXXVI, 220. 

§ 4957. CoUisions. — The liability of the owner of one aircraft to the owner 
of another aircraft, or to aeronauts or passengers on either aircraft, for dam- 
age caused by collision on land or in the air, shall be determined by the rules 
of law applicable to torts on land. 

1929, XXXYI, 220. 

§ 4958. Crimes and Torts. — All crimes, torts and other wrongs committed 
by or against an aeronaut or passenger while in flight over this State shall be 
governed by the laws of this State ; and the question whether damage occa- 
sioned by or to an aircraft while in flight over this State constitutes a tort, 
crime or other wrong by or against the owner of such aircraft, shall be de- 
termined by the laws of this State. 

1929, XXXVI, 220. 

§ 4959. Contracts. — All contractual and other legal relations entered inxu 
by aeronauts or passengers while in flight over this State shall have the same 
as if entered into on the land or water beneath. 

1929, XXXVI, 220. 

§ 4960. Misdemeanors. — Any aeronaut or passenger who, while in flight 
over a thickly inhabited area or over a public gathering within this State,, 
shall engage in trick or acrobatic flying, or in any acrobatic feat, or shall, ex- 
cept while in landing or taking off, fly at such a low level as to endanger the 
persons on the surface beneath, or drop any object except loose water or loose 
sand ballast, shall be guilty of a misdemeanor and punishable by a fine of not 
more than one hundred ($100.00) dollars, or imprisonment for not more than 
thirty (30) days, or both. 

1929, XXXVI, 220. 

§ 4961. Hunting from Aircraft.— Any aeronaut or passenger who, while 
in flight within this State, shall intentionally kill or attempt to kill any birds 
or animals, shall be guilty of a misdemeanor and punishable by a fine of not 
more than one hundred ($100.00) dollars, or by imprisonment for not more 
than thirty (30) days, or both. 

1929, XXXVI, 220. 

§ 4962. Construction of Article. — This Article shall be so interpreted and 
construed as to effectuate its general purpose to make uniform the law of those 
States which enact it, and to harmonize, as far as possible, with Federal laws 
and regulations on the subject of aeronautics. 

1929, XXXVI, 220. 

§ 4963. Citation. — This Article may be cited as the Uniform State Law for 
aeronautics. 

1929, XXXVI, 220. 

§ 4964. License of Aircraft and Operators. — (1) Definitions. — In this 
Section "aircraft" means any contrivance now known or hereafter invented, 
used, or designed for navigation of or flight in the air, except a parachute or 
other contrivance designed for such navigation but used primarily as safety 
equipment. "Operating aircraft" means performing the services of aircraft 
pilot. 



§ 4965 Civil Code 2318 

^ (2) AiRCEAFT Must Be Registered and Licensed. — The public safety requir- 
ing and the advantages of uniform regulation making it desirable in the inter- 
est of aeronautical progress that aircraft operating within this State should 
conform with respect to design, construction, and airworthiness to the stand- 
ards prescribed by the United States Government with respect to navigation 
of aircraft subject to its jurisdiction, it shall be unlawful for any person to 
navigate an aircraft within the State unless it is licensed and registered by the 
Department of Commerce of the United States in the manner prescribed by the 
lawful rules and regulations of the United States Government then in force. 

(3) Persons Operating Aircraft — License. — The public safety requiring 
and the advantages of uniform regulations making it desirable in the interest 
of aeronautical progress that a person engaging within this State in navigating 
the aircraft described in Subsection 2 hereof in any form of navigation for 
which license to operate such aircraft would be required by the United States 
Government shall have the qualifications necessary for obtaining and holding 
the class of license required by the United States Government. It shall be un- 
lawful for any person to engage in operating such aircraft within this State 
in any form of navigation unless he have such a license. 

(4) Inspection op License. — The certificate of the license herein required 
shall be kept in the personal possession of the licensee when he is operating 
aircraft within this State, and must be presented for inspection upon the de- 
mand of any passenger, any peace officer of this State, or any official, man- 
ager, or person in charge of any airport or landing field in this State upon 
which he shall land. 

(5) Violation a Misdemeanor. — Any person violating any of the provisions 
of this Section shall be guilty of a misdemeanor and upon conviction shall be 
punishable by a fine of not more than one hundred ($100.00) dollars or by im- 
prisonment for not more than ninety (90) days or both, in the discretion of the 
court: Provided, however, That acts or omissions made unlawful by this Act 
shall not be deemed to include any act or omission which violates the laws or 
lawful regulations of the United States : Provided, further. That the fact that 
such act or omission violates the laws or lawful regulations of the United 
States shall be a matter of defense which shall be available to the defendant or 
party charged with the violation of any of the provisions of this Section only 
in the event that he shall affirmatively establish such fact or defense. 

1930, XXXVI, 1112. 



ARTICLE 5 
Auctions and Auctioneers 

4965. Bond of Auctioneer. 4968. Remedy Against Auctioneer. 

4966. Refusal of Purchaser to Comply with 4969. Loss of Goods without Fault. 
Terms. 4970. Auctions of Live Stock in Dillon, 

4967. Municipal Regulation of Sales of Per- Clarendon, Marlboro and Chester- 
sonalty. field Counties. 

4970A. Fees of Auctioneers in Laurens County. 

§ 4965. Bond of Auctioneers, Etc., to City or Town Where They Reside.— 

Every vendue master and auctioneer, before he shall act in such capacity, 
shall be compelled to give to the council of the city or town where he may 
reside full and ample security for the due and faithful performance of his 
duty as auctioneer or vendue master, as the case may be. 

Civ. C. '22, § 3555 ; Civ. O. '12, § 2462 ; Civ. C. '02, § 1608 ; G. S. 1250 ; R. S. 1350 ; 1823, 
VI, 209. 



2319 Civil Code § 4966 

§ 4966. Liability of Purchasers Refusing to Comply With Terms, Etc. — 
Losses on Resale. — Every person who shall purchase any lands, horses, cattle, 
ships, boats, or other vessels, goods, wares, and merchandise, at any public 
sale in this State, and which purchase shall be entered in the books of the 
vendue master so selling such property, such person refusing to comply with 
the conditions of the sale within seven days thereafter shall be liable to all 
losses arising thereon to the original owner ; and for the more speedy ascer- 
taining said losses, the vendue master is authorized to resell such lands, houses, 
horses, cattle, ships, boats, or other vessels, goods, wares, and merchandise, on 
the original conditions, giving seven days ' notice of said sale ; and whatever 
deficiency shall arise on said purchaser's noncompliance, the vendue master 
shall recover, at the first ensuing court having jurisdiction, such loss from 
every person so declining to comply with the conditions of the original pur- 
chase, together with the commissions and other expenses attending the sale. 
No judgment given in any such cause shall be arrested or stayed for or by 
reason of any error or mistake in the proceedings. 

Civ. C. '22, § 3556 ; Civ. C. '12, § 2463 ; Civ. C. '02, § 1609 ; G. S. 1251 ; R. S. 1351 ; 1785, 
IV, 672. 

§ 4967. Municipalties May Regulate Auction Sales of Personalty. — All in- 
corporated cities and towns in this State be, and they are hereby, authorized 
and empowered to regulate by proper form of ordinance the holding and con- 
ducting of all auction sales of personal property within the respective in- 
corporate limits of said cities or towns, and to provide appropriate penalties 
for the violation of all such ordinances : Provided, however, This Section shall 
not apply to auction sales made in conformity with the orders or decrees of 
courts of competent jurisdiction, or sales made by railroad or express, com- 
panies. 

1927, XXXV, 357. 

§ 4968. Remedy Against Auctioneers. — The owners of property placed in 
the hands of vendue masters or auctioneers, either for public or private sale, 
are authorized and empowered to recover from said vendue master, in the 
most summary manner, before any court of competent jurisdiction in the State, 
for goods or other property by them sold on account of said owners. Judg- 
ment given in such case shall not be arrested or stayed for or by reason of any 
error or mistake in the proceedings. 

Civ. C. '22, § 3557 ; Civ. C. '12, § 2464 ; Civ. C. '02, § 1610 ; G. S. 1252 ; R. S. 1352 ; 1815, 
VI, 3. 

§ 4969. Responsibility for Loss of Goods Without Fault. — Nothing in this 
Chapter shall be so construed or understood as to render vendue masters or 
auctioneers responsible for the loss of goods or other property occasioned by 
the act of a public enemy, the act of God, or by any other cause, which man 
could not prevent or foresee. 

Civ. C. '22, § 3558 ; Civ. C. '12, § 2465 ; Civ. C. '02, § 1611 ; G. S. 1253 ; R. S. 1353 ; 1815, 
VI, 3. 

§ 4970. License for Nonresident to Auction Horses, Mules or Cattle in Dil- 
lon, Clarendon, Marlboro and Chesterfied Counties. — It shall be unlawful for 
any nonresident person, firm or corporation to auctioneer at public sale horses, 
mules, or other cattle in the Counties of Dillon, Clarendon, Chesterfield, and 
Marlboro without first procuring an auctioneer's license from the Clerk of 
the Court of said counties as provided for in this Section. Any person, firm or 
corporation desiring to auctioneer horses, mules or other cattle in the Counties 
of Dillon, Clarendon, Marlboro and Chesterfield, shall apply to the Clerk of 



§ 4970A Civil Code 2320 

Court of said counties, who shall issue them license for same and collect for 
said license a fee of five hundred ($500.00) dollars, such license to be good 
for one year and not transferable to any other person, firm or corporation 
who auctioneer any horses, mules or cattle. Any person violating the provi- 
sions of this Section shall be deemed guilty of a misdemeanor, and, upon con- 
viction thereof, shall be subject to a fine of not less than five hundred ($500.00) 
dollars nor more than one thousand ($1,000.00) dollars, or be imprisoned at 
hard labor not less than thirty (30) days or not more than six (6) months, or 
both, at the discretion of the court. The provisions of this Section shall not 
apply to any officer of Dillon, Clarendon, Marlboro and Chesterfield selling 
horses, mules, or other cattle under legal proceedings. 
1924, XXXIII, 1077. 

§ 4970A. Fees of Auctioneers in Laurens County. — Any public auctioneer 
in the County of Laurens may charge for his services for the sale of real estate 
two ($2.00) dollars for the first tract and one and 50-100 ($1.50) dollars for 
each succeeding tract embraced in one decree of sale, and these fees shall 
apply to any decree of sale whether the land is sold by order of the Probate 
Court or Circuit Court by the Clerk of Court or the Sheriff. He may further 
charge for his services as auctioneer one ($1.00) dollar for the sale of any 
kind of personal property that is sold under chattel mortgage or under exe- 
cution, and, if more than one piece of personal property is sold under the 
same mortgage or execution, then his fee may be one ($1.00) dollar for the 
first sale and fifty cents for each succeeding sale. 

1922, XXXII, 1476. 



ARTICLE 6 

Hawkers and Peddlers 

4971. Licenses. 4974. Exemptions. 

4972. Terms of License. 4975. Confederate Veterans. 

4973. Peddling without License. 4976. Selling Drugs without License. 

4977-8. Erection of Lightning Rods. 

§ 4971. License Required — From Whom Obtained. — No person shall, as 
hawker or peddler, expose for sale or sell any goods, wares and merchandise 
in any county in this State unless he has received and is ready to produce and 
exhibit a license from the Clerk of the Court of Common Pleas of such county 
so as to sell or expose for sale goods, wares and merchandise in said county. 

Civ. C. '22, § 3937 ; Civ. C. '12, § 2618 ; Civ. C. '02, § 1742 ; G. S. 1338 ; R. S. 1451 ; 1876, 
XVI, 64 ; 1893, XXI, 407. 

§ 4972. Term of License — Fee for to Be Fixed by County Commissioners.— 

Said Clerk shall issue licenses to hawkers and peddlers, to be good in his 
county until the last day of December next after the date of its issue, upon 
receiving from the applicant such fee or fees therefor as the County Board of 
Commissioners shall at their first meeting in January after the passage of this 
Chapter, and thereafter at their first meeting in January of every year, es- 
tablish and fix license fees for hawkers and peddlers in their county ; and it 
shall be the duty of the County Board of Commissioners to fix and establish 
the said license fees in the several counties of this State, except as otherwise 
provided herein. And each license shall specify the sum paid therefor and the 
privileges granted thereby. 

Civ. C. '22, § 3938 ; Civ. C. '12, § 2619 ; Civ. C. '02, § 1743 ; R. S. 1452 ; 1893, XXI, 408. 



2321 Civil Code § 4973 

§ 4973. Inspection of Licenses — Arrest and Trial. — It shall be the duty of 
every Magistrate and every Constable and of the Sheriff and of his regular 
deputies to, and every citizen may, demand and inspect the license of any 
hawker or peddler in his or their county who shall come under the notice of 
any of said officers, and to arrest or cause to be arrested any hawker or ped- 
dler found without a good and valid license, and to bring such hawker or 
peddler before the nearest Magistrate to be dealt with according to law. 

Civ. C. '22, § 3939 ; Civ. C. '12, § 2620 ; Civ. C. '02, § 1744 ; R. S. 1453. 

§ 4974. Articles Exempt and Articles Not Exempt. — The provisions of this 
Chapter shall not extend to vendors of newspapers, magazines, vegetables, 
tobacco, provisions of any kind or agricultural products, or to sales by sample 
by persons traveling for established commercial houses, but shall extend and 
apply to vendors of every other class and kind of goods, wares and merchan- 
dise, and to sales by sample or otherwise by such hawkers and peddlers of 
stoves, ranges, clocks, lightning rods, sewing machines, pianos or organs. 

Civ. C. '22, § 3940 ; Civ. C. '12, § 2621 ; Civ. C. '02, § 1745 ; R. S. 1454. 

§ 4975. Certain Soldiers and Sailors Exempt from Hawkers' and Peddlers' 
License. — Any person who was a l>07ia fide soldier or sailor in the service of 
the State of South Carolina or of the Confederate States in the War Between 
the States may expose for sale or sell, as hawker or peddler, any goods, wares 
or merchandise in any county, city or town in this State without taking out 
the license required by this Chapter : Provided, He make to the Clerk of the 
Court of Common Pleas of the county in which such goods are to be sold satis- 
factory proof that he was such soldier or sailor. 

Civ. C. '22, § 3941 ; Civ. C. '12, § 2622 ; Civ. C. '02, § 1746 ; 1902, XXIII, 1036. 

§ 4976. Unlawful to SeU Drugs from Place to Place Without License — Con- 
federate Veterans. — It shall be unlawful for any person to travel as hawkers 
and peddlers from place to place in this State and to sell or offer for sale any 
medicine, drug or compound to be used as a curative, without first paying to 
Clerk of the Court in each county in which such person seeks to sell such medi- 
cine, drug or compound, a fee of one hundred dollars for the use of such county 
and procuring from him a license permitting such person to sell such medicine, 
drug or compound within such county; save and except in Beaufort County 
the license fee shall be one hundred fifty ($150.00) dollars, and the license so 
procured shall bear the name of the hawker or peddler and shall not be assign- 
ed, and if so assigned, shall be subject to confiscation with no remission of the 
fee paid ; but should a hawker or peddler not continue to do business in Beau- 
fort County for longer than three months from the date of the issuance of said 
license, he may, on approval of the County Board of Directors, by making appli- 
cation and submitting affidavit of such fact, within six months from date of is- 
suance of said license, secure from the County Board of Directors a return of 
fifty (50%) per cent, of the fee so paid on surrender of said license to the desk 
of the County Board of Directors. Such license to be good for twelve months 
from the date thereof: Provided, That every package or bottle of such medi- 
cine, drug or compound shall have plainly written or printed on it, in the 
English language, the formula of the contents thereof, which formula shall be 
approved in writing by a regularly licensed practicing physician of this State, 
and a copy of said approval shall be lithographed or printed on each package 
or bottle of such medicine, drug or compound: Provided, further, That any 
person who holds a certificate under the hand and oificial seal of the Clerk of 
Court of any county in this State, that his name is on the Confederate pension 
roll of said county, shall be exempt from the payment, of such license : Pro- 



§ 4977 Civil Code 2322 

vided, That the license fee herein provided for shall be payable fifty ($50.00) 
dollars at the time of issuance of said license and fifty ($50.00) dollars six 
months from the date of said license. Upon the payment of the initial fifty 
($50.00) dollars fee such licensee shall be permitted to sell the articles men- 
tioned in said Section for a period of six months. 

Civ. C. '22, § 3942 ; Civ. C. '12, § 2623 ; Civ. C. '02, § 1747 ; 1897, XXII, 532 ; 1902, XXIII, 
1101 ; 1929, XXXVI, 134 ; 1930, XXXVI, 1206. 

§ 4977. License Required for Erection of Lightning Rods — State License 
— County License — Proviso. — It shall be unlawful for any person, firm or cor- 
poration to erect or place upon any building within the State any lighting 
rods, without first procuring from the Clerk of the Court of each county where- 
in business is proposed to be done, a license so to do, for which shall be paid 
the sum of fifty dollars per annum for each county : Provided, That in towns 
and cities collecting licenses for this class of work, persons, firms or corporations, 
residents of said towns and cities, paying said town and city license, shall be 
exempt from payment of such county license when such work is done in the 
town or city in which said person, firm or corporation resides. 

Civ. C. '22, § 3943 ; 1920, XXXI, 1022 ; 1921, XXXII, 154. 

§ 4978. Violation a Misdemeanor — Penalty. — Any person violating the 
provisions of Section 4977 shall be deemed guilty of a misdemeanor, and, upon 
conviction thereof, shall be punished by a fine of not more than one thousand 
($1,000) dollars, or imprisonment for not more than one year, in the discretion 
of the presiding Judge. 

Civ. C. '22, § 3944 ; 1920, XXXI, 1022. 



ARTICLE 7 
Pawnbrokers 

4979. License Required. 4983. Memorandum to Pledgor. 

4980. Granting and Revocation of License. 4984. Inspection of Boolis. 

4981. Actions Against Pawnbrokers. 4985. Interest. 

4982. Book Entries. 4986. Sale of Pledge. 

4987. Penalties. 

§ 4979. Unlawful to Carry on Business of Pawnbroker Without License. — 

No person, corporation, member of copartnership or firm shall hereafter carry 
on the business of pawnbroker, in any of the cities, towns or counties of this 
State, without having first obtained from the Mayor of the city or town, or 
Clerk of the Circuit Court of the county where the business is to be carried on, 
a license, for which he shall pay such license fee as may be fixed by the munic- 
ipal authorities of the city or town of the State, oi by the Countj^ Board of 
Commissioners of the counties authorizing such person to carry on the same, 
in the manner and upon the conditions stated in the succeeding Sections of 
this Chapter. 

Civ. C. '22, § 3945 ; Civ. C. '12, § 2624 ; Civ. C. '02, § 1748 ; 1900, XXIII, 427. 

§ 4980. How License Shall Be Granted — Pawnbroker Defined — Bond. — The 

Mayor of any city or town, the Clerk of the Circuit Court of the county, may 
from time to time grant, under his hand and the official sea,l of his office, to such 
citizens as he shall deem proper, and who shall produce tolhim satisfactory evi- 
dence of their good character, a license authorizing such citizen or citizens to 
carry on the business of a pawnbroker, which license shall /designate the house 
in which such person shall carrv'- on said business; and nr' person, corporation, 
member or members of a copartnership or firm shall cany on the business of a 



2323 Civil Code § 4981 

pawnbroker without being duly licensed, nor in any other house than the one 
designated in said license, under penalty of five dollars for each day he or she 
or they shall exercise or carry on said business without such license, or at any 
other house than the one designated. Any person, corporation, member or mem- 
bers of a copartnership or firm who loans money on pledge of personal prop- 
erty or other valuable thing, other than securities or printed evidences of in- 
debtedness, or who deals in the purchasing of personal property or other val- 
uable thing, on condition of selling the same back again at a stipulated price, 
is hereby declared and defined to be a pawnbroker. Every person so licensed 
shall, at the time of receiving such license, file with the Mayor or Clerk of the 
Court granting the same, a bond to the local authorities of such city or town 
or county, to be executed by the person so licensed and by two responsible 
sureties, or a surety company licensed to do business in the penal sum of one 
thousand dollars, to be approved of by such Mayor or Clerk of the Circuit 
Court, and which bond shall be conditioned for the faithful performance of 
the duties and obligations pertaining to the business so licensed, and the Mayor 
or Clerk of the Circuit Court shall have full power and authority to revoke 
such license for cause. 

Civ. C. '22, § 3946 ; Civ. C. '12, § 2625 ; Civ. C. '02, § 1749 ; 1900, XXIII, 427. 

§ 4981. Actions Against Pawnbrokers. — If any person shall be aggrieved 
by the misconduct of any such licensed pawnbroker, and shall recover judg- 
ment against him thereafter, such person may, after the return unsatisfied, 
either in whole or in part, of any execution issued upon said judgment, main- 
tain an action in his own name upon the bond of said pawnbroker in any court 
having jurisdiction of the amount claimed : Provided, Such court shall upon 
application, made for the purpose, grant such leave to prosecute such suit. 

Civ. C. '22, § 3947 ; Civ. C. '12, § 2626 ; Civ. C. '02, § 1750 ; 1900, XXXIII, 427. 

§ 4982. Pawnbrokers to Keep Book for Description of Goods Pawned. — 

Every such pawnbroker shall keep a book in which shall be fairly written, at 
the time of such loan, an account and description of the goods, articles or things 
pawned or pledged, the amount of money loaned thereon, the time of pledging 
the same, the rate of interest to be paid on such loan, and the name and resi- 
cience of the person pawning or pledging the said goods, articles or things. 
Civ. C. '22, § 3948 ; Civ. C. '12, § 2627 ; Civ. C. '02, § 1751 ; 1900, XXIII, 427. 

§ 4983. To Issue Note Describing Goods Pawned. — Every such pawnbroker 
shall at the time of each loan deliver to the person pawning or pledging any 
goods, article or thing, a memorandum or note, signed by him, containing the 
substance of the entry required to be made in his book by the last preceding 
Section, and no charge shall be made or received by any pawnbroker for any 
such entry, memorandum or note. 

Civ. C. '22, § 3949 ; Civ. C. '12, § 2628 ; Civ. C. '02, § 1752 ; 1900, XXIII, 427. 

§ 4984. Books Open for Inspection. — The said book shall at all reasonable 
times be open to the inspection of the Mayor and Clerk of the Circuit Court, all 
Judges of the Criminal Courts, the Superintendent of Police, Police Inspectors, 
Captains of Police, and Police Justices of such towns or counties, or any or 
either of them, or of any person who shall be duly authorized in writing for 
that purpose by any or either of them, and who shall exhibit such written au- 
thority to such pawnbroker. 

Civ. C. '22, § 3950; Civ. C. '12, § 2629; Civ. C. '02, § 1753; 1909, XXIII, 427. 

§ 4985. Interest. — No pawnbroker shall ask, demand or receive any greater 
rate of interest than that now fixed by Statute. 

Civ. C. '22, § 3951 ; Civ. C- '12, § 2630 ; Civ. C. '02, § 1754 ; 1900, XXIII, 427. 



§ 4986 Civil Code 2324 

§ 4986. Pledge Not to Be Sold Before Sixty Days After Maturity.— No 
pawnbroker shall sell any pawn or pledge until the same shall have remained 
sixty days in his possession after the maturity of the debt for which the prop- 
erty was pledged. 

Civ. C. '22, § 3952 ; Civ. C. '12, § 2631 ; Civ. C. '02, § 1755 ; 1900, XXIII, 427. 

§ 4987. Penalties — How Imposed. — The Mayor or Clerk of the Circuit 
Court, so licensing such pawnbroker, shall have full power and authority to 
impose fines and penalties, of not less than twenty-five dollars nor more than 
one hundred dollars, upon persons offending against any or either of the fore- 
going provisions, for each and every offense, excepting Sections 4979 and 4980, 
and also to suspend his or her license until the same be paid to him. 

Civ. C. '22, § 3953 ; Civ. C. '12, § 2632 ; Civ. C. '02, § 1756 ; 1900, XXIII, 427. 



ARTICLE 8 
Dealers in Junk 

4988. Book Entries of Dealers. 4989. Inspection of Junk. 

4990. Penalty. 

§ 4988. Dealing" in Junk Regulated. — Any person, firm or corporation buy- 
ing junk shall keep a book, which he or they shall keep open to the inspection of 
any and all persons, wherein he or they shall set down the name and address, 
city and street, of every person selling junk and an itemized statement of all 
junk bought from such person or persons, and the date of purchase. 

Civ. C. '22, § 3954; 1913, XXVIII, 209. 

§ 4989. Junk to Be Open to Inspection. — Such person, firm or corporation 
shall keep each article of junk so purchased for a period of seventy-two hours 
following such purchase and shall keep such junk open to the inspection of any 
and all persons : Provided, That the provisions of this Article shall not be con- 
strued to apply to junk bought outside of the county in which the place of 
business of such buyer of junk is located. 

Civ. C. '22, § 3955 ; 1913, XXVIII, 209. 

§ 4990. Penalty. — Any person, firm or corporation violating the provisions 
of this Article shall be fined in a sum not exceeding one hundred ($100) dollars 
or imprisoned not exceeding thirty days. 

Civ. C. '22, § 3956 ; 1913, XXVIII, 209. 



ARTICLE 9 

Mercantile License in Beaufort County 

4991. License Required. 4993. Commissioners to Grant License. 

4992. Amount of License. 4994. Revocation of License. 

4995. Penalty for Violation. 

§ 4991. Mercantile Firms in Beaufort County Required to Pay License. — 

Every person, firm or corporation doing a mercantile business in Beaufort 
County, shall annually, on or before the first day of May, pay a license to en- 
gage in business for one year from date of said license. 
Civ. C. '22, § 3957 ; 1913, XXVIII, 343 ; 1915, XXIX, 576. 

§ 4992. License Fee. — The said license shall be five ($5) dollars per year 
where the capital invested in said business is over five thousand dollars, and 



2325 Civil Code § 4993 

three ($3) dollars where the capital invested in said business is five thousand 
dollars or less. 

Civ. O. '22, § 3958 ; 1913, XXVIII, 343 ; 1915, XXIX, 576. 

§ 4993. Board of County Commissioners May Grant License. — The said 
license shall be granted by the Board of County Commissioners of Beaufort 
County, and the funds arising from same shall be turned into the general county 
fund for Beaufort County. 

Civ. C. '22, § 3959 ; 1913, XXVIII, 343. 

§ 4994. When License Revoked — ^When County Commissioner Guilty of 
Misdemeanor. — If, in the judgment of said Board of County Commissioners, 
any such person, firm or corporation shall sell any alcoholic liquors, in viola- 
tion of law, if such violation shall be proved in any court the said Board of 
County Commissioners shall revoke the license of said person, firm or corpora- 
tion. Any member of said Board who shall refuse or fail to carry out the pro- 
visions of this Article, shall be guilty of a misdemeanor, and upon conviction 
thereof, shall be fined at the discretion of the trial Judge. No such person, firm 
or corporation whose license shall be revoked, as herein provided, shall be 
granted a new license, nor shall a license be granted to any representative 
thereof, or to anyone whose license has been revoked. 

Civc. C. '22, § 3960 ; 1913, XXVIII, 343 ; 1914, XXVIII, 530 ; 1915, XXIX, 576. 

§ 4995. Liability If Without License. — Any person, firm or managing of- 
ficer or officers of said corporation, doing business as aforesaid, without first 
taking out a license, shall be liable to a fine of one hundred dollars, or impris- 
onment for thirty days. 

Civ. C. '22, § 3961 ; 1913, XXVIII, 343. 



ARTICLE 10 

Plumbing and Plumbers 

4995A. Certificates for Installation. 4995D. Meetings and Compensation of 

4995B. Boards of Examiners. Board. 

4995C. Examinations for Certificates. 4995E. Municipal Regulations. 

4995F. Penalty for Violation. 

§ 4995A. Certificate Required to Install Sanitary Plumbing in Cities of 
Over 15,000 Population. — It shall be unlawful for any person, be he master 
plumber, employing plumber, or journeyman plumber, to install sanitary 
plumbing in any cities or towns having a population of fifteen thousand (15,- 
000) inhabitants or more, as fixed by the Federal Census of 1920, or any sub- 
sequent Federal Census, until such person or persons above mentioned shall 
have made application to a Board of Examiners, hereinafter provided for and 
shall have received from said board a certificate as to his qualifications to per- 
form such work: Provided, That the provisions of this Article shall not apply 
to any licensed plumber who has been issued a license prior to the passage of this 
Act. 

1927, XXXV, 230. 

§ 4995B. Local Boards of Plumbing Examiners — Appointment — Vacancies. 

— In every city or town embraced in Section 4995A there shall be a Board of 
Plumbing Examiners, consisting of three members, one of whom shall be the 
Health Officer of the respective city or town, who shall be ex officio the chair- 
man of said Board of Examiners ; the second member shall be a master plumber 
with not less than four years ' experience ; the third member of said Board 



§ 4995C Civil Code 2326 

shall be a journeyman plumber, with not less than four years' experience; 
said second and third members of said Board shall be appointed by the mayor 
of the respective city, if such city has a mayor ; if not, then by the Governing 
Board or Commission of such city or town; and each of the said appointees 
shall hold office for the term of one year, and until his successor is appointed 
as herein provided for. Upon the expiration of any term of office of said second 
and third member of said board, his successor shall be appointed by said 
mayor or governing board or commission, as hereinbefore provided, and said 
successor shall hold office for the term of one year, and until his successor is 
appointed. In the event of a vacancy on said board, caused by the death, resig- 
nation or removal from office of said second or third member, said vacancy 
shall be filled by appointment of said mayor or governing board or commis- 
sion, as hereinabove provided ; and said appointee shall hold office for the 
unexpired term of his predecessor. 
1927, XXXV, 230. 

§ 4995C. Ejcaminations for Certificates — Fees — Duration of Certificate. — 

After organization, said Board of Examiners shall, as soon as possible, desig- 
nate the time and place for the examination of all persons desiring to secure 
a certificate as herein provided for. Such applicant shall be compelled to pass 
such examination as to his qualifications as such board may direct; said ex- 
amination shall be made in whole or in part writing, and shall be of a practical 
and elementary character, but sufficiently strict to test the qualifications of 
the applicant, and if satisfied with the competency of such applicant, it shall 
be the duty of such board of examiners to issue a certificate to such applicant 
or applicants, authorizing him or them to engage in the business of installing 
sanitary plumbing and to install sanitary plumbing. The fee for the certificate 
to the master or employing plumber shall be five ($5.00) dollars; to journey- 
men plumbers the fee shall be two ($2.00) dollars. Said certificate shall be 
valid for the term of one year, but the same can be renewed on proper appli- 
cation to said, Board and the payment of a fee of fifty cents. 
1927, XXXV, 230. 

§ 4995D. Meetings of Board — Records — Compensation. — Said Board of 
Examiners shall not hold more than two meetings per month ; that they shall 
elect from their number a Secretary, who shall keep in a well bound book 
the names of all persons to whom a certificate has been issued. Said examiner 
shall receive a compensation as designated by the mayor or commission of said 
city or town for each meeting, to be paid out of the money for the issuing of 
said certificates. The surplus, if any, to be paid into the treasury of the re- 
spective city or town within the provisions of this Article. 

1927, XXXV, 230. 

§ 4995E. Cities to Provide by Ordinance Regulations for Construction- 
Permits — Plumbing Inspectors. — It shall be the duty of the cities or towns 
in this State, and within the provisions of this Article to provide by ordinance, 
within three months after the passage hereof, rules and regulations for the 
construction of all plumbing and sewerage placed in or on any building or 
the premises thereof in such city or town, and no work of this character shall 
be done unless a permit be issued therefor, except that leaks may be repaired 
without securing such permit. It shall be the further duty of such cities or 
towns to provide for the appointment or election of a plumbing inspector and 
assistant, as is necessary but said inspector or inspectors must be practical 



2327 Civil Code § 4995F 

plumbers, whose duty it shall be to see that all rules and regulations touching 
such sanitary plumbing are faithfully and diligently observed and executed. 
1927, XXXV, 230. 

§ 4995F. Violation of Act a Misdemeanor. — Any person violating any pro- 
vision of this Article shall be deemed guilty of a misdemeanor, and shall, on 
conviction, be fined not less than five ($5.00) dollars nor more than one hun- 
dred ($100.00) dollars for each offense. 

1927, XXXV, 230. 



CHAPTER 56 
Carriers, Warehousemen and Other Bailees for Hire 

4996. Unincorporated Railway Association. 5026. Action for Damages. 

4997. Liability for Miscarriage not AfEected 5027-8. Use of Cotton Stored, 
by Declaration. 5029. Sale of Warehousemen. 

4998-9. Transportation of Freight. 5030. Notice of Sale. 

5000. Damages for Conversion. 5031. Surplus After Sale. 

5001. Adjustment of Freight Charges. 5032-3. Disposition of Perishable Property. 

5002. Initial and Terminal Carrier. 5034. Sale Price Less Than Charges. 

5003. Time Limit for Freight Adjustments. 5035. Charges for Selling Leaf Tobacco. 
5004r-5. Remittances on C. O. D. Shipments. 5036. Tobacco Statistics. 

5006-7. Liability of Connecting Lines. 5037-8. Reports of Tobacco Warehousemen. 

5008. Venue of Action for Penalty. 5038A. Definition of Warehouseman. 

5009. Relief Department of Railroad. 5039. Commissioner to Furnish Blanks. 
5010-13. Special Officers for Protection of 5040. Licenses for Tobacco Warehouse. 

Carriers. 5041-6. Sales by Tobacco Cooperative Mar- 
5014. Public Warehousemen. keting Associations. 

5015-16. Bonds of Warehousemen. 5047. Lien for Carriage Charges. 

5017. Insurance of Goods. 5048. Storage Charges on Freight. 

5018-19. Receipt for Goods not Received. 5049. Discrimination and Excessive 

5020. Duplicate Receipts not so Marked. Charges. 

5021. Removal of Goods without Receipt 5050. Penalty for Overcharging. 
Holder's Consent. &051-2. Sale of Unclaimed Freight. 

5022. Receipts Negotiable Unless Otherwise 5053. Perishable Freight. 
Marked. 5054. Live Stock. 

5023. Removal of Goods by Operation of 5055. Records of Carriers. 

L^^ 5056. Sale for Repair or Storage Charges. 

5024. Title to Fungible Goods. 5057. Sale of Motor Vehicles for Storage. 

5025. Book Entries of Warehousemen. 5058. Magistrate s Commission. 

5059. Liability of Innkeeper. 

5060. Hotels and Boarding Houses. 

§ 4996. Sworn List of Individuals of Unchartered Association Constituting 
Carriers for Hire. — When any association of individuals not having a charter 
from this State shall undertake to carry for hire, by railroad, in whole or in 
part, the said individuals are required to publish, in three newspapers of this 
State, a correct list, to be sworn to before one of the Clerks of Common Pleas 
and General Sessions in this State, of the names and residences of the parties 
interested in the business of carrying. The said list shall appear at least once 
in two months during the time they are engaged in said business. 

Civ. C. '22, § 3880; Civ. C. '12, § 2566; Civ. 0. '02, § 1708 ; G. S. 1331, 1332; R. S. 
1435; 1863, XIII, 216. 

§ 4997. Carriers' Liability at Common Law Not Affected by Public Notice, 
Etc. — No public notice or declaration shall limit or in anywise affect the 
liability at common law of any public common carriers for or in respect of 
any goods to be carried and conveyed by them; but they shall be liable, as at 
common law, to answer for the loss of or injury to any articles and goods de- 
livered to them for transportation, any public notice or declaration by them 
made, and given contrary thereto or in anywise limiting such liability notwith- 
standing. 

Civ. C. '22, § 3881 ; Civ. C. '12, § 2567 ; Civ. C. '02, § 1709 ; G. S. 1333 ; R. S. 1436 ; 1864, 
XIII, 262. 



§ 4998 CmL Code 2328 

§ 4998. Common Carriers to Transport Freight Within Time Specified. — 

Every common carrier doing business in this State shall transport to its destina- 
tion all freight received by them for transportation within this State AvitBin a 
reasonable time after receipt thereof, to wit : Between points not over one 
hundred miles apart, seventy-two hours; between points over one hundred and 
not over two hundred miles apart, ninety-six hours; and between points over 
two hundred miles apart, one hundred and twentj^ hours. The nearest route 
by railroad shall be taken in each case as the distance between the points : Pro- 
vided, That notice be given to the receiving common carrier that prompt ship- 
ment of such freight is required, and, when requested, such common carrier 
shall insert in the bill of lading the words, "prompt shipment required," which 
shall be conclusive evidence of such notice, and each such common carrier shall 
extend such notice to its connecting line or be liable for the consequences of its 
failure to do so. 

Civ. C. '22, § 3882 ; Civ. C. '12, § 2568 ; 1904, XXIV, 671. 

§ 4999. Penalty for Failure to Comply. — Any such common carrier failing 
to comply with the provisioiis of Section 4998, except for good and sufficient 
cause, the burden of proof of which shall be on the common carrier so failing, 
shall be subject, in addition to the liabilities and remedies now existing for 
unreasonable delay in the transportation of freight, to a penalty of five dollars 
per day for every day of delay in excess of the time hereinafter limited, to be 
recovered by any consignee who may be injured in any way by such delay or by 
the owner or holder of the bill of lading, in any court of competent jurisdic- 
tion : Provided, That the sum of the penalty recovered shall not exceed the 
value of the goods and transportation charges thereon : Provided, further, That 
any such common carrier shall, within ten days after demand in writing there- 
for by any consignee of delayed freight, or the owner or holder of the bill of 
lading, furnish a statement in writing, specifying the date of its receipt of such 
freight, the cause of delay and the name of the common carrier responsible 
therefor. Any common carrier failing to furnish such statement shall forfeit to 
the party demanding it, one dollar a day for each day in default, to be recov- 
ered as aforesaid : Provided, further. That if any such common carrier shall 
prove that no delay in violation of this Chapter occurred in the transportation 
of such freight after receipt thereof by it, and that it extended the notice that 
prompt shipment was required to its connecting line, and that, by the exercise 
of due diligence, it was unable to discover the cause of delay or the name of 
the common carrier responsible therefor, it shall be excused from liabilitj^ under 
this Chapter: Provided, That provisions of this Chapter shall not apply to 
any common carrier by water routes. 

Civ. C. '22, § 3883 ; Civ. C. '12, § 2569 ; 1904, XXIV, 671 ; 1912, XXVII. 630 ; 1915, XXIX, 
152. 

§ 5000. Measure of Damages for Conversion of Property by Common Car- 
rier. — If any common carrier shall convert and appropriate to its own use, any 
property of another held by it on consignment or in course of transportation, it 
shall be liable to the consignee or other owner of such property, not only for 
the value of such property, but an additional amount, as a penalty for such eon- 
version, equivalent to five times the value of the property so appropriated to 
its own use ; and shall be further liable to the consignee or other owner of such 
propertj^, for such special damages as may have been suffered in consequence 
of such conversion, and such punitive or exemplary damages as may be recovered 
in an action against such common carrier. That there may be recovered in the 
same action, and included in the same verdict, all the amounts above provided 



2329 Civil Code § 5001 

for : Provided, however, That so much of this Section as provides for a penalty 
of five times the value of the property converted shall have no application when 
the common carrier has converted the said property in consequence of a wreck 
of the car in which the property being transported is contained ; when the con- 
version is in consequence of the property being so damaged in transportation 
as to render it unfit for the purpose intended, or when the common carrier 
through error, delivers the property being transported to the wrong consignee. 
Civ. C. '22, § 3884 ; Civ. C. '12, § 2570 ; 1902, XXIII, 1052 ; 1906, XXV, 108. 

§ 5001. Adjustment of Freight Charges by Common Carriers. — All com- 
mon carriers doing business in this State shall settle their freight charges ac- 
cording to the rate stipulated in the bill of lading : Provided, The rate therein 
stipulated be in conformity with the classifications and rates made and filed 
with the Interstate Commerce Commission,, in case of shipments from without 
this State, and with those of the Railroad Commissioners of this State, in case 
of shipments wholly within this State; by which classifications and rates all 
consignees shall in all cases be entitled to settle freight charges with such car- 
riers ; and it shall be the duty of such common carrier to inform any consignee 
or consignees of the correct amount due for freight, according to such classifi- 
cations and rates; and upon payment or tender of the amount due on any 
shipment, or on any part of any shipment, which has arrived at its destination, 
according to such classifications and rates, such common carrier shall deliver 
the freight in question to the consignee or consignees, and any failure or refusal 
to comply with the provisions hereof shall subject each carrier so failing or 
refusing to a penalty of fifty dollars for each such failure or refusal, to be re- 
covered by any consignee or consignees aggrieved by suit in any court of com- 
petent jurisdiction. 

Civ. C. '22, § 3885 ; Civ. C. '12, § 2571 ; 1903, XXIV, 81. 

§ 5002. Responsibility of Carriers Under Certain Contracts — Loss or Dam- 
age to Be Adjusted — Fine. — In every case of loss, damage, destruction or fail- 
ure to deliver any property by a common carrier shipped over its line or any 
connecting line, it shall be the duty of the initial, every intermediate and term- 
inal carrier, upon notice of such loss, damage, destruction, or failure to deliver 
out within forty days or to trace such property lost, damaged, or destroyed, 
and inform the said party so notifying when, where and by which carrier the 
said property was lost, damaged, or destroyed within said forty days. Every 
carrier, failing or refusing to trace such property and inform the notifying 
party as above stated, within forty days after such notice, shall be liable for 
the full amount of the claim for loss, damage, destruction, or failure to deliver, 
in the same manner and to the same extent as if such loss, damage, destruction, 
or failure to deliver occurred on its line, and, in addition thereto, a penalty 
of fifty dollars upon each claim, to be recovered in any court of competent juris- 
diction, in the same action with the claim, or in a separate action. The claim- 
ant shall also be entitled to recover interest on his claim from the date of filing 
same. If such initial, intermediate or terminal carrier upon the trial of the 
case, shall prove that it exercised due diligence and was unable to trace the 
property and inform as above provided, it shall thereupon be excused from 
liability under this Section. This Section shall in no way repeal any other pro- 
visions of this Chapter: Provided, That only one penalty shall be recoverable 
upon the same cause of action: And provided, further. That the actions au- 
thorized hereunder may be commenced in any county in the State in which 
the carrier with which the claim is filed is engaged in business. 

Civ. C. '22, § 3886 ; Civ. C. '12, § 2572 ; Civ. C. '02, § 1710 ; 1894, XXI, 822 ; 1910, XXVI, 
717. 



§ 5003 Civil Code 2330 

§ 5003. Freight Adjustments to Be Made in Certain Time. — Every claim 
for freight overcharged or for loss of or damage to property and baggage, while 
in the possession of such common carrier, shall be adjusted and paid within 
thirty (30) days in case of shipments wholly within this State and within forty 
(40) days in case of shipments from without this State, after the filing of such 
claim with the agent of such carrier at the point of destination of such ship- 
ment; when there is no agent at such point, then such claim to be filed with the 
agent at the nearest station to such point of destination having an agent: Fro- 
vided, That no such claim shall be filed until after the arrival of the shipment, 
or of some part thereof, at the point of destination, or until after the lapse of 
a reasonable time for the arrival thereof. In every case such common carrier 
shall be liable for the amount of such loss or damage, together with interest 
thereon from the date of the filing of the claim therefor until the payment there- 
of. Failure to adjust and pay such claim within the periods respectively herein 
prescribed shall subject each common carrier so failing to a penalty of fifty dol- 
lars for each and every such failure, to be recovered by any consignee or con- 
signees aggrieved in any court of competent jurisdiction : Provided, That unless 
such consignee or consignees recover in such action the full amount claimed no 
penalty shall be recovered, but only the actual amount of the loss or damage, 
with interest as aforesaid : Provided, further. That no common carrier shall be 
liable under this Section for property which never came into its possession if it 
complies with the provisions of Section 5002 above. 

Civ. C. '22, § 3887 ; Civ. C. '12, § 2573 ; Civ. C. '02, § 1711 ; 1897, XXII, 443 ; 1903, XXIV, 
81 ; 1908, XXV, 1077 ; 1910, XXVI, 719. 

Note. — This Section is unconstitutional as applied to interstate shipments in so far as 
it attempts to impose a penalty for failure to pay a claim within the prescribed time. C. <& 

W. R. V. VarnviUe Furniture Co., 237 U. S., 597, 35 Sup. Ct., 715; Spence v. Soiitheni Ry. 
Co., 101 S. C, 455, 85 S. E., 1058. 

§ 5004. Eegulation of Reports and Remittances on C. 0. D. Shipments. — 

All common carriers doing business in this State and making collections on C. 
0. D. shipments for shippers or other party, designated by the shipper, shall 
pay over to such shipper or party designated by such shipper, the returns or 
moneys collected on C. 0. D. shipments within fifteen days after date of such 
collection from consignee. 

Civ. C. '22, § 3888 ; 1914, XXVIII, 593. 

§ 5005. Penalty. — Every carrier failing or refusing to make payment or 
remittance within the time stipulated above shall be liable for the full amount 
of the C. 0. D. collection and in addition thereto a penalty of twenty-five 
($25.00) dollars, to be recovered in any court of competent jurisdiction, 
either in the same suit on the claim or in a separate action. 

Civ. C. '22, § 3889 ; 1914, XXVIII, 593. 

§ 5006. Connecting Lines of Common Carriers Defined and Their Liability 
Fixed. — All common carriers over whose transportation lines, or parts thereof, 
any freight, baggage or other property received by either of such carriers for 
through shipment or transportation by such carriers on a contract for through 
carriage, recognized, acquiesced in or acted upon by such carriers, shall in 
this State, with the respect to the undertaking and matters of such transporta- 
tion, be considered and construed to be connecting lines, and be deemed and 
held to be the agents of each other, each the agent of the otliers, and all the 
others the agents of each, and shall be held and deemed to be under a con- 
tract with each other and with the shipper, owner and consignees of such 
property for the safe and speedy through transportation tliereof from point 



2331 Civil Code § 5007 

of shipment to destination; and such contract as to the shipper, owner or 
consignee of such property shall be deemed and held to be the contract of 
each of such common carriers ; and in any of the courts of this State, any 
through bill of lading, way bill, receipt, check or other instrument issued by 
either of such carriers, or other proof showing that either of them has received 
such freight, baggage or other property for such through shipment or trans- 
portation, shall constitute prima facie evidence of the subsistence of the rela- 
tions, duties and liabilities of such carriers as herein defined and prescribed, 
notwithstanding any stipulations or attempted stipulations to the contrary 
by such carriers, or either of them. 

Civ. C. '22, § 3890 ; Civ. C. '12, § 2574 ; 1903, XXIV, 2. 

§ 5007. Same. — For any damages for injury, or damage to, or loss, or delay 
of any freight, baggage or other property sustained anywhere in such through 
transportation over connecting lines, or either of them, as contemplated and 
defined in the next preceding Section, either of such connecting carriers which 
the person or persons sustaining such damages may first elect to sue in this 
State therefor, shall be held liable to such person or persons, and such carrier 
so held liable to such person or persons shall be entitled in a proper action 
to recover the amount of any loss, damage or injury it may be required to 
pay such person or persons from the carrier through whose negligence the 
loss, damage or injury was sustained, together with costs of suit. 

Civ. C. '22, § 3891 ; Civ. C. '12, § 2575 ; 1903, XXIV, 2. 

§ 5008. Place of Trial of Claims for Penalty on Freight Claims. — ^Any ac- 
tion to recover a penalty for the loss, delay or damage to freight against any 
common carrier may be brought in any county in this State where the cause 
of action for the damage in such case may be brought, before any court of 
competent jurisdiction. 

Civ. C. '22, § 3892; Civ. C. '12, § 2576; 1909, XXVI, 22. 

§ 5009. Liability of Railroad Companies Having Relief Department. — 

When any railroad company has what is usually called a relief department 
for its employees, the members of which are required or permitted to pay 
some dues, fees, monej^s, or compensation to be entitled to the benefits thereof 
upon the death or injury of the employee — a member of such relief depart- 
ment — such railroad company is hereby required to pay to the person entitled 
to same the amount it was agreed the employee or his heirs at laAv should re- 
ceive from such relief department ; the acceptance of which amount shall not 
operate to estop or in any way bar the right of such employee, or his personal 
representative from recovering damages of such railroad company for in- 
jury or death caused by the negligence of such company, its agents or serv- 
ants, as now provided by law; and any contract or agreement to the con- 
trary, shall be ineffective for that purpose. 

Civ. C. '22, § 3893 ; Civ. C. '12, § 2577 ; 1903, XXIV, 79. 

§ 5010. Special OflQcers or Constables Appointed for Protection of Common 
Carriers. — Upon the application of the superintendent or manager of any rail- 
way or other common carrier doing business in this State the Governor shall 
appoint Special Officers, or Constables, for the protection and safety of aU 
property and interest of such common carriers, provided such Officers and 
Constables are paid by the common carriers applying for their appointment. 

Civ. C. '22, § 3894 ; Civ. C. '12, § 2578 ; 1911, XXVII, 157. 

§ 5011. Duties. — The Special Officers or Constables herein provided shall 
have all the powers, duties and responsibilities of Deputy Sheriffs and other 
police officers during the term for which they are commissioned. 

Civ. C. '22, § 3895 ; Civ. C. '12, § 2579 ; 1911, XXVII, 157. 



§ 5012 Civil Code 2332 

§ 5012. Bond. — Each and every Special Officer or Constable appointed un- 
der the provisions of this Chapter shall be required to enter into a good and 
sufficient bond in the sum of five hundred dollars, conditioned for the faithful 
performance of his duties, said bond to be approved by the Attorney General. 

Civ. C. '22, § 3896 ; Civ. C. '12, § 2580 ; 1911, XXVII, 157. 

§ 5013. Torts of Special Constable. — Nothing herein shall limit the lia- 
bility of any common carrier for any trespass or tort of such Special Officer 
or Constable. 

Civ. C. '22, § 3897 ; Civ. C. '12, § 2581 ; 1911, XXVII, 157. 

§ 5014. Public Warehousemen. — Any person engaged in the business of 
a warehouseman, or any corporation organized under the laws of this State 
and whose charter authorizes them to engage in the business of a warehouse- 
man within this State, may become a public warehouseman and authorized 
to keep and maintain public warehouses for the storage of cotton, goods, 
wares and other merchandise as hereinafter prescribed, and upon giving the 
bond hereinafter required. 

Civ. C. '22, § 3898; Civ. C. '12, § 2582; Civ. C. '02, § 1712; 1896, XXII, 206. 

§ 5015. Warehousemen to Give Bond — Limitation and Continuation of 
Bond — Liabilities Incurred While Bond Was in Force Not Affected. — Every 
person or corporation so authorized under the preceding Section to become 
a public warehouseman shall give bond in a surety company authorized to do 
business in South Carolina in an amount equal to ten (10) per cent, of the 
estimated value of the goods for which said warehouseman will provide stor- 
age ; such bond to be conditioned for the faithful performance of the duties of 
a public warehouseman, and to be given to the Secretary of State, who shall 
cause a copy of the same to be filed with the Clerk of the Court in each county 
in which such warehouseman proposes to maintain a warehouse. Said bond 
may extend over a limited period not less than one year from its date and 
may provide for a continuation thereof upon payment and acceptance of the 
annual premium in advance : Provided, That the limitation shall not affect 
liabilities under the bond incurred while it was in force. 

Civ. C. '22, § 3899; Civ. C. '12, § 2583; Civ. C. '02, § 1713; 1896, XXII, 206; 1914, 
XXVIII, 8; 1915, XXIX, 154. 

§ 5016. Liability of Warehouseman on Bond. — Whenever such warehouse- 
man fails to perform his duty, or violates any of the provisions of this Chap- 
ter, any person injured by such failure or violation may bring an action in 
his name, and to his own use, in any court of competent jurisdiction, on the 
bond of said warehouseman; and in case he shall fail in said action he shall 
be liable to the defendant for any costs which the defendant may recover in 
the action. 

Civ. C. '22, § 3900; Civ. C. '12, § 2584; Civ. C. '02, § 1714; 1896, XXII, 206. 

§ 5017. When Shall Insure Property Left in Warehouse— Eeceipt for 
Goods. — Every such warehouseman shall, when requested thereto, in writing, 
by a party placing property with him, or it, on storage, cause such property 
to be insured for whom it may concern. Every such warehouseman shall, ex- 
cept as hereinafter provided, give to each person depositing property with 
him for storage a receipt therefor, which shall be negotiable in form, and 
shall describe the property, distinctly stating the brand or distinguishing 
marks upon it, and if such property is grain the quantity and inspected grade 
thereof. The receipt shall also state the rate of charges for storing the prop- 
erty, and amount and rate of insurance thereon, and also the amount of the 
bond given to the Clerk of the Court as hereinabove provided: Provided, 



2333 Civil Code § 5018 

however, That every such warehouseman shall, upon request of any person 
depositing property with him for storage, give to such person his nonne- 
gotiable receipt therefor, which receipt shall have the word "Nonnegotiable" 
plainly written, printed or stamped on the face thereof. 

Civ. C. '22, § 3901 ; Civ. C. '12, § 2585 ; Civ. C. '02, § 1715 ; 1896, XXII, 206. 

§ 5018. No Warehouse or Other Receipt for Property to Be Given Unless 
Actually Received. — No warehouseman, wharfinger, public or private inspec- 
tor or custodian of property, or other person, shall issue any receipt, accept- 
ance of an order or other voucher for or "upon any goods, wares, merchandise, 
provisions, grain, flour or other produce or commodity to any person or per- 
sons purporting to be the owner or owners thereof, or entitled or claiming 
to receive the same, unless such goods, wares, merchandise, provisions, grain, 
flour or other commodity shall have been actually received into the store or 
"upon the premises of such warehouseman, wharfinger, inspector, custodian 
or other person, and shall be in store or on the said premises as aforesaid and 
under his control at the time of issuing such receipt, acceptance or voucher. 

Civ C. '22, § 3902 : Civ. C. '12, § 2586 ; Civ. C. '02, § 1716. 1887, XIX, 852. 

§ 5019. Receipts of Warehouseman Not to Be Issued Unless Goods Are in 
Custody. — No warehouseman, wharfinger or other person shall issue any re- 
ceipt or other voucher upon any goods, wares, merchandise, grain, flour or 
other product or commodity to any person or persons as security for any 
money loaned or other indebtedness, unless such goods, wares, merchandise, 
grain or other produce or commodity shall be at the time of issuing such 
receipt in the custody of such warehouseman, wharfinger or other person, and 
shall be in store or upon the premises and under his control at the time of 
issuing such receipt or other voucher as aforesaid. 

Civ. C. '22, § 3903 ; Civ. C. '12, § 2587 ; Civ; C. '02, § 1717 ; 1887, XIX, 852. 

§ 5020. No Duplicate Receipt to Be Issued by Warehouseman, Etc., Unless 
So Marked. — No warehouseman, wharfinger, inspector, custodian or other 
person shall issue any second or duplicate receipt, acceptance or other voucher 
for or upon any goods, wares, merchandise, provisions, grain, flour or other 
produce or commodity while any former receipt, acceptance or voucher for 
or upon any such goods, wares, merchandise, provisions, flour, grain or other 
produce or commodity as aforesaid, or any part thereof, shall be outstanding 
and uncancelled, without writing in ink across the face of the same "Dupli- 
cate." 

Civ. C. '22, § 3904; Civ. C. '12, § 2588; Civ. C. '02, § 1718; 1887, XIX, 852. 

§ 5021. Goods to Be Removed Without Assent of Person Holding Receipt. 

— No warehouseman, wharflnger or other person shall sell or encumber, ship, 
transfer or in any manner remove beyond his immediate control any goods, 
wares, merchandise, grain, flour or other produce or commodity for which a 
receipt shall have been given by him as aforesaid, Avhether received for stor- 
ing, shipping, grinding, manufacturing or other purposes, without the written 
assent of the person or persons holding such receipt. 

Civ. C. '22, § 3905; Civ. C. 12, § 2589; Civ. C. '02, § 1719; 1887, XIX, 852. 

§ 5022. Warehouse, Etc., Receipts Transferable — Transferee's Rights — 
Delivery of Receipts — Receipts Marked "Not Negotiable." — Warehouse re- 
ceipts given for any goods, wares, merchandise, cotton, grain, flour, produce 
or other commodity and chattels stored or deposited with any warehouseman,, 
wharfinger, or other person, may be transferred by endorsement and delivery 
thereof, to the purchaser or pledgee, signed by the person to whom the re- 



§ 5023 Civil Code 2334 

ceipt was originally given, or by an endorsee of such receipt ; and any person 
to whom the same may be so transferred shall be deemed and taken to be 
the owner of the goods, wares and merchandise therein specified, so far as 
to give validity to any pledge, lien or transfer made or created by snch per- 
son or persons; but no property shall be delivered except on surrender and 
cancellation of said original receipt or the endorsement of such delivery there- 
on in case of partial delivery. The assignment of warehouse receipts which 
shall have the words "Not negotiable" plainly written or stamped on the 
face thereof shall not be effective until recorded on the books of the ware- 
houseman issuing them. 

Civ. C. '22, § 3906 ; Civ. C. '12, § 2590 ; Civ. C. '02, § 1720 ; 1887, XIX, 852 ; 1896, XXII, 
206. 

§ 5023. Provisions Inapplicable as to Goods Replevined or Removed by Law. 

— So much of the proceding Sections 5021 and 5022 as forbids the delivery of 
property except on surrender and cancellation of the original receipt or the 
endorsement of such delivery thereon, in the case of partial delivery, shall 
not apply to property replevined or removed by operation of law. 
Civ. C. '22, § 3907; Civ. C. '12, § 2591; Civ. C. '02, § 1721; 1887, XIX, 852. 

§ 5024. Warehouse Receipt Title to Grain. — When grain or other property 
is stored in public warehouses in such a manner that different lots or parcels 
are mixed together, so that the identity thereof cannot be accurately preserved, 
the warehouseman's receipt for any portion of such grain or property shall 
be deemed a valid title to so much thereof as is designated in said receipt, 
without regard to any separation or identification. 

Civ. C. '22, § 3908; Civ. C. '12, § 2592; Civ. C. '02, § 1722; 1896, XXII, 206. 

r 

§ 5025. Warehouseman Shall Keep a Book of Entry. — Every such ware- 
houseman shall keep a book in which shall be entered an account of all his 
transactions relating to warehousing, storing and insuring cotton, goods, 
wares and merchandise, and to the issuing of receipts therefor, which books 
shall be open to the inspection of any person actually interested in the prop- 
erty to which such entries relate. 

Civ. C. '22, § 3909 ; Civ. C. '12, § 2593 ; Civ. C. '02, § 1723 ; 1896, XXII, 206. 

§ 5026. Action for Damages Under Provisions as to Warehousemen. — All 

and every person or persons aggrieved by the violation of any of the provi- 
sions of Sections 5018 to 5023 may have and maintain an action at law against 
the person or persons violating any of the provisions thereof to recover all 
damages, immediate or consequential, which he or they may have sustained 
by reason of any such violation as aforesaid, before any court of competent 
jurisdiction, whether such person shall have been convicted as hereinbefore 
mentioned or not. 

Civ. C. '22, § 3910; Civ. C. '12, § 2594; Civ. C. '02, § 1724; 1887, XIX, 852. 

§ 5027. Use of Cotton on Storage With Warehousemen Unlawful Without 
Written Consent of Owners. — Every person, firm or corporation taking cotton 
on storage as warehousemen for hire or not is hereby prohibited from using 
any of said cotton or allowing anyone else to use or consume any of such cot- 
ton in manufacture or otherwise without the written consent of the owner. 

Civ. C. '22, § 3911; 1919, XXXI, 293. 

§ 5028. Damages for Violation. — Such person, firm or corporation violat- 
ing the provisions of Section 5027 above shall answer to the owner thereof 
suing therefor in punitive damages not to exceed five thousand dollars, and 



2335 Civil Code § 5029 

shall also answer for any special or other damages which any such owner may 
suffer by such unlawful conduct. 
Civ. C. '22, § 3912; 1919, XXXI, 293. 

§ 5029. When Warehouseman May Sell Property Left With Him. — Every 
public warehouseman who shall have in his possession any property by virtue 
of any agreement or warehouse receipt for the same, storage of the same, on 
which a claim for storage is at least one year overdue, may proceed to sell 
the same at public auction, and out of the proceeds may return all charges 
for storage of such goods, wares and merchandise, and any advances that may 
have been made thereon by him or them, and the expenses of advertising and 
sale thereof. But no sale shall be made until after the giving of printed or 
written notice of such sale to the person or persons in whose name such goods, 
wares and merchandise were stored, requiring him or them, naming them, to 
pay the arrears or amount due for such storage, and in case of default in so 
doing the goods, wares and merchandise may be sold- to pay the same at a time 
and place to be specified in such notice. 

Civ. C. '22, § 3913 ; Civ. C. '12, § 2595 ; Civ. C. '02, § 1725 ; 1896, XXII, 206. 

§ 5030. Service of Notice of Sale by Warehousemen. — The notice required 
in the last preceding Section shall be served by delivering it to the person or 
persons in whose name such goods, wares and merchandise were stored, or by 
leaving it at his usual place of abode, if within this State, at least thirty days 
before the time of such sale, and a return of the service shall be made by some 
officer authorized to serve civil process, or by some other person, with an af- 
fidavit of the truth of the return. If the party storing such goods cannot with 
reasonable diligence be found within this State, then such notice shall be given 
by publication once in each week for two successive weeks, the last publica- 
tion to be at least ten days before the time of such sale, in a newspaper pub- 
lished in the city or town where such warehouse is located ; or if there be no 
such paper, in one of the principal newspapers published in the county in 
which said city or town is located. In the event that the party storing such 
goods shall have parted with the same, and the purchaser shall have notified 
the warehousemen, with his address, such notice shall be given to such per- 
son in lieu of the person storing the goods. 

Civ. C. '22, § 3914 ; Civ. C. '12, § 2596 ; Civ. C. '02, § 1726 ; 1896, XXII, 206. 

§ 5031. Surplus After Sale by Warehousemen. — Such warehousemen shall 
make an entry in a book kept for that purpose, of the balance or surplus of 
the proceeds of sale, if any, and such balance or surplus, if any, shall be paid 
over to such person or persons entitled thereto on demand. If such balance or 
surplus is not called for or claimed by such party or owner of said property 
within six months after such sale, such balance or surplus shall be paid by 
said warehouseman to the Clerk of the Court of the county in which said 
warehouse is located, who shall pay the same to the parties entitled thereto, 
if caUed for or claimed by the original owner within five years after the sale 
thereof, and such warehouseman shall at the same time file with said Clerk 
an affidavit in which shall be stated the name and place of residence, so far 
as the same are known. 

Civ. C. '22, § 3915 ; Civ. C. '12, § 2597 ; Civ. C. '02, § 1727 ; 1896, XXII, 206. 

§ 5032, Disposition of Perishable Property in Warehouses. — ^Whenever a 
public warehouseman has in his possession any property which is of a peri- 
shable nature, or will deteriorate greatly in value by keeping, or upon which 
the charges for storage will be likely to exceed the value thereof, or which 



§ 5033 Civil Code 2336 

by its odor, leakage, inflammability, or explosive nature, is likely to injure 
other goods, such property having been stored upon nonnegotiable receipt, 
and when said warehouseman has notified the person in whose name the prop- 
erty was received to remove said property, but such person has refused or 
omitted to receive and take away such property and to pay the storage and 
proper charges thereon, said public warehouseman may in the exercise of a 
reasonable discretion sell the same at public or private sale, without ad- 
vertising, and the proceeds, if there are any proceeds after deducting the 
amount of said storage and charges and expenses of sale, shall be paid or 
credited to the person in whose name the property was stored; and if said 
person cannot be found, on reasonable inquiry, the sale may be made with- 
out any notice, and the proceeds of such sale, after deducting the amount of 
storage, expenses of sale, and other proper charges, shall be paid to the Clerk 
of the Court of the county wherein said warehouse is situated, who shall pay 
the same to the person entitled thereto if called for or claimed by the right- 
ful owner within one year of the receipt thereof by said Clerk. 

Civ. C. '22, § 3916; Civ. C. '12, § 2598; Civ. C. '02, § 1728; 1896, XXII, 206. 

§ 5033. Liability of Warehouseman on Sale of Perishable Property. — 

Whenever a public warehouseman, under the provisions of the preceding 
Section, has made a reasonable effort to sell perishable and worthless prop- 
erty, and has been unable to do so, because of its being of little or no value, 
he may then proceed to dispose of such property in any lawful manner, and 
he shall not be liable in any way for property so disposed of. 

Civ. C. '22, § 3917 ; Civ. C. '12, § 2599 ; Civ. C. '02, § 1729 ; 1896, XXII, 206. 

§ 5034. Owner's Liability for Storage Where Warehouse Charges Not 
Covered by Sale. — Whenever a public warehouseman, under the provisions of 
the two preceding Sections, has sold or otherwise disposed of property and 
the proceeds of such sale or disposition have not equalled the amount neces- 
sary to pay the storage charges, expenses of sale and other charges against 
said property, then the person in whose name said property was stored shall 
be liable to said public warehouseman for an amount which, added to the 
proceeds of such sale, will be sufficient to pay all of the proper charges upon 
said property; or in case such property was valueless and there were no 
proceeds realized from its disposition, the person in whose name said property 
was stored shall be liable to said public warehouseman for all proper charges 

against said property. 

Civ. C. '22, § 3918 ; Civ. C. '12, § 2600 ; Civ. C. '02, § 1730 ; 1896, XXII, 206. 

§ 5035. Maximum Rates for Selling Leaf Tobacco Upon Floor of Tobacco 
Warehouse. — The charges and expenses of handling and selling leaf tobacco 
upon the floor of tobacco warehouses in this State shall not exceed the fol- 
lowing scedule of prices, to wit: For auction fees fifteen (15) cents on all 
piles of one hundred pounds or less, and twenty-five (25) cents on all piles 
over one hundred (100) pounds. For weighing and handling, ten (10) cents 
per pile for all piles of less than one hundred (100) pounds and ten cents 
for each additional one hundred (100) pounds; for commission on the gross 
sales of leaf tobacco in said warehouses not to exceed two and one-half per 
centum. The proprietor of each and every warehouse shall render to each 
seller of tobacco at his warehouse a bill, plainly stating the amount charged 
for weighing and handling, the amounts charged for auction fees and the 
commission charged on such sale ; and it shall be unlawful for any other 
charges of fees exceeding those herein named to be made or accepted. 

Civ. C. '22, § 3919; Civ. C. '12, § 2601; Civ. C. '02, § 1731; 1896, XXII, 206; 1904, 
XXIV, 468; 1905, XXIV, 968; 1922, XXXII, 904. 



2337 Civil Code § 5036 

§ 5036. Warehousemen to Keep Tobacco Statistics. — The warehouseman 
of each and every leaf tobacco warehouse doing business in this State shall 
keep a correct account of the number of pounds of leaf tobacco sold upon the 
floor of his warehouse daily. 

Civ. C. '22, § 3920 ; Civ. C. '12, § 2602 ; 1909, XXVI, 126. 

§ 5037. Tobacco Warehousemen to Make Reports. — On or before the 
fifth day of each month the said warehouseman shall make a statement 
under oath, of all the tobacco so sold upon the floor of his warehouse during 
the past month and shall transmit the statement at once to the Commissioner 
of Agriculture at Columbia, South Carolina. The reports so made to the Com- 
missioner of Agriculture shall be so arranged and classified as to show the 
number of pounds of tobacco, the grade and price sold for the producers of 
tobacco from first hand, the number of pounds, grade and price sold for 
dealers, and the number of pounds, grade and price resold by the warehouse- 
man for his own account or for the account of some other warehouse. 

Civ. C. '22, § 3921; Civ. C. '12, § 2603; 1909, XXVI, 126. 

§ 5038. Reports of Warehousemen as to Tobacco to Be Kept and Published. 

— The Commissioner of Agriculture shall cause said statement to be accuratelj' 
copied into a book to be kept for this purpose, and shall keep separate and 
apart the statements returned to him from each leaf tobacco market in the 
^tate, so as to show the number of pounds of tobacco sold by each market for 
the sale of leaf tobacco, the number of pounds sold by producers, and the 
number of pounds resold upon each market, and the said Commissioner of 
Agriculture shall keep said books open to the inspection of the public, and 
shall, on or before the tenth day of each month, after the receipt of the re- 
ports above required to be made to him on or before the fifth day of each 
month, cause the said reports to be published in the Bulletin issued by the 
Agricultural Department, and in one or more journals published in the State, 
having a large circulation therein. 

Civ. C. '22, § 3922; Civ. C. '12, § 2604; 1909, XXVI, 126. 

§ 5038-A. "Warehouseman" Defined. — A warehouseman within the mean- 
ing of Sections 5036, 5037, 5038, 5038-A and 5039 shall be construed to mean 
the person, firm or corporation operating a warehouse for the sale of leaf to- 
bacco, whether such person, firm or corporation be the owner or lessee of said 
warehouse. 

Civ. C. '22, § 3923 ; Civ. C. '12, § 2605 ; 1909, XXVI, 126. 

§ 5039. Commissioner of Agriculture to Furnish Blanks to Warehousemen. 

— The said Commissioner of Agriculture shall prescribe the form of the state- 
ment herein required, and furnish a sufficient number of blanks to the several 
warehousemen of the State. 

Civ. C. '22, § 3924; Civ. 0. '12, § 2606; 1909, XXVI, 126. 

§ 5040. License Required for Operation of a Warehouse when Ungraded 
Tobacco is Handled — Penalty. — Every person, firm or corporation operating 
a warehouse for the sale of leaf tobacco in this State when offering for sale, 
selling or handling leaf tobacco ungraded and untied shall within fifteen days 
(15) from sale or offer of sale, pay to the Clerk of the Court of the county in 
which said warehouse is operated, an annual license of five thousand ($5,- 
000.00) dollars to be turned into the school funds of such county: Provided, 
That this Section shall not apply to those persons, firms or corporations oper- 
ating a warehouse where leaf tobacco offered for sale on their floor is graded 
and tied. Any person violating this Section shall be fined not less than one 



§ 5041 Civil Code 2338 

thousand ($1,000.00) dollars, nor more than five thousand ($5,000.00) dollars, 
or imprisonment for not less than six months, nor more than twelve months, 
in the discretion of the judge. 
1922, XXXII, 786. 

§ 5041. True Name of Owner or Producer of Tobacco to Be Furnished 
Warehousemen and Cooperative Associations — Records — Proviso. — Every per- 
son who shall deliver any leaf tobacco to a warehouseman or to a cooperative 
marketing association for sale, offer for sale or display for sale thereof, shall 
impart to such warehouseman or cooperative marketing association, the true 
name of the owner of said leaf tobacco; and in case the then owner is not the 
producer, or the landlord on whose land such tobacco was produced, the true 
name of the person or persons from whom he obtained such tobacco and the true 
name of the grower thereof, or of the landlord on whose land it was grown; 
and it shall be the duty of such warehouseman or cooperative marketing associa- 
tion to keep a record of such purchase or delivery showing the quantity of leaf 
tobacco so delivered, and the name of the owner thereof given as provided 
herein, and, in addition thereto, the name of the person from whom the person 
other than the producer or landlord on whose land same was produced obtained 
same and the name of the landlord on whose land same was produced : Provided, 
however, That leaf tobacco dealers offering for resale tobacco once sold upon 
the warehouse floor and with respect to which the provisions of Sections 5041 
to 5046 have previously been complied with, may offer for sale or sell such to- 
bacco in the name or names under which the original sale was made, or in his 
own name. 

1924, XXXIII, 993. 

§ 5042. Information Ticket to Be Placed on Tobacco, and Tobacco Being 
Sold or Awaiting Sale and Tickets and Records to Be Open to Inspection.— 

Said warehouseman or cooperative marketing association shall also place upon 
all leaf tobacco delivered to him or to it for sale, offer for sale, or display for 
sale, a ticket or card on which shall appear the matters and things required 
to be recorded by said warehouseman or cooperative marketing association un- 
der Section 5041; and the cards or tickets mentioned in this Section shall be 
placed upon said tobacco at the time when it is delivered to a warehouse for 
sale and shall be on said tobacco at the time it is sold, and such cards or tickets 
and said tobacco awaiting sale shall be open to the inspection of any person at 
any time during the regular business hours of the warehouse and any person 
shall have access to the place where such tobacco is being sold, or is awaiting 
sale and to such tobacco at any time during the regular business hours of the 
warehouse. Such cards or tickets or duplicates or copies thereof after the sale 
of such tobacco, shall be collected by the warehouseman or cooperative market- 
ing association and shall be kept by said warehouseman or cooperative market- 
ing association for a period of not less than fifteen days after the sale of said 
tobacco and for the period of fifteen days after such sale, such tickets and such 
sale book or books as shall be kept by the warehouseman or cooperative associa- 
tion shall be open to the inspection of any person who knows or has reason to 
believe that there has been delivered or sold in said warehouse any tobacco in 
which such person or the principal or employer of such person has any legal or 
equitable interest: Provided, however, That no one shall have the right to in- 
spect the books hereby authorized to \)e inspected during the sale hours. 
1924, XXXIII, 993. 

§ 5043. Failure to Give True Name a Misdemeanor — Offenses by Ware- 
housemen and Cooperative Associations. — Any person who shall give a fictitious 



2339 Civil Code § 5044 

or false name to a warehouseman or cooperative marketing association or shall 
fail to give to said warehouseman or cooperative marketing association the name 
of the true owner of said leaf tobacco or said person from whom said tobacco 
was obtained or said grower and said landlord, as required by Section 5041, 
upon delivering the same as aforesaid, shall be guilty of a misdemeanor. Any 
warehouseman or cooperative marketing association who shall fail to comply 
with any provisions of Sections 5041 to 5046, who shall place upon any pile of to- 
bacco a ticket bearing information concerning the ownership which the warehouse- 
man knows or has reason to believe is false ; who shall sell tobacco without plac- 
ing any name thereon; who shall fail and neglect to elicit from the person de- 
livering tobacco the information required by this Section; who shall deny any 
person the right to access to the place where tobacco is awaiting sale or being 
sold; who shall deny any person with an interest in tobacco the privilege of 
inspection of the tickets or sale books as provided in Section 5042, or who shall 
in any way violate any of the provisions of Sections 5041 to 5046, shall be guilty 
of a misdemeanor. Any warehouseman or cooperative marketing association 
w^ho shall buy or sell tobacco in a name other than that of the true owner and 
who knows or has reason to believe that the name in which said leaf tobacco is 
sold or any name given pursuant to the provisions of these Sections is false or 
fictitious, shall be guilty of a misdemeanor: Provided, Whenever one person of- 
fers for sale more than one pile of tobacco, that the full name must appear on the 
first pile and the correct initials on the other piles with consecutive numbers 
on piles following. 
1924, XXXIII, 993. 

§ 5044, Penalty. — Any person guilty of a misdemeanor under tlie provi- 
sions of Section 5043 shall be punished by a fine not less than fifty ($50.00) 
dollars nor more than one hundred ($100.00) dollars, or by imprisonment not 
less than fifteen nor more than thirty daj's, and each sale or offering for sale 
shall constitute a separate and distinct offense under the provisions hereof. 

1924, XXXIII, 993. 

§ 5045. "Warehouseman" Defined. — The term "Warehouseman," as used 
in Sections 5041 to 5046, is hereby defined as any person, firm or corporation 
engaged in the business of selling leaf tobacco at auction for a commission or 
for any other consideration, or any employee of such person, firm or corporation. 

1924, XXXIII, 993. 

§ 5046. Purpose of Sections. — The purpose of these Sections is to prevent 
frauds in the handling and sale of leaf tobacco; to protect producers of leaf 
tobacco from loss of same ; from theft or other improper conduct of irrespnsible 
parties; to protect all persons having a lien on any tobacco or any interest in 
any tobacco and to protect persons purchasing tobacco or having contracts to 
purchase tobacco. 

1924, XXXIII, 993. 

§ 5047. Carriers of Goods to Have Lien for Charges — Duration of Lien — 
Enforcement — Provisos. — All persons, firms or corporations hauling, moving, 
transporting or carrying goods or chattels from place to place in this State, or 
from a point without this State into this State, shall and may have a lien on 
such goods or chattels to the extent of such carrying charges as have been agreed 
upon, or in case no carrying charges have been agreed upon, for reasonable 
charges for such services. The said lien shall exist for a period of ten (10) days 
after the delivery of such goods or chattels, and be enforced by attachment as 
now provided by law in cases of nonresident and absconding debtor attachments : 
Provided, This lien shall not affect the rights of innocent parties : Provided, 



§ 5048 Civil Code • 2340 

This Section shall not abridge any right or appeal any law now in force allowing 
railroad carriers to collect such charges as they may be entitled to for handling 
or carrying freight. 
1923, XXXIII, 123. 

§ 5048. Railroad Commission to Fix Storage Charges on Freight. — Power 
is hereby conferred on the Railroad Commission of South Carolina, and they are 
required to fix and prescribe a schedule of maximum rates and charges for 
storage of freight made and charged by railroad companies doing business in 
this State, and to fix at what time, after the reception of freight at place of 
destination, such charges of storage shall begin, with power to vary the same 
according to the value and character of the freight stored, the nature of the 
place of destination, and residence of consignee, and such other facts as in their 
judgment should be considered in fixing the same. 

All the provisions of the Act creating said Railroad Commission, and Acts 
amendatory thereof, prescribing the procedure of said Commission in fixing 
freight and passenger traffics, and hearing complaints of carrier and shippers, 
and of altering and amending said tariffs, shall apply to the subject of fixing 
and amending rates and charges for storage, as aforesaid. 

Civ. C. '22, § 3925 : Civ. C. '12. § 2607 : Civ. C. '02, § 1732 ; 1901, XXIII. 720. 

§ 5049. Discrimination and Excessive Charges Prohibited. — No railroad 
company shall make or retain, directly or indirectly, any charge for storage or 
freight greater than that fixed by the Commission for each particular storage, 
nor shall they discriminate directly or indirectly by means of rebate, or any 
device in such charges, between persons. 

Civ. C. '22, § 3926: Civ. C. '12, § 2608; Civ. C. '02, § 1733; 1901, XXIII, 720. 

§ 5050. Penalty for Overcharge of Storage. — If any railroad company shall 
violate the provisions of this Chapter, either by exceeding the rates of storage 
prescribed, or by discriminating, as aforesaid, the person or persons so paying 
such overcharge, or subjected to such discrimination, shall have the right to 
sue for the same in any court of this State having jurisdiction of the claim, and 
shall have all the remedies, and be entitled to recover the same penalties and 
measure of damages as is prescribed in the case of overcharge of freight rates, 
upon making like demand as is prescribed in such case, and after like failure 
to pay the same. 

Civ. C. '22, § 3927 ; Civ. C. '12, § 2609 ; Civ. C. '02, § 1734 ; 1901, XXIII, 720. 

§ 5051. Regulating Sale of Unclaimed Freight. — Any railroad, steamboat, 
express or transportation company which shall have refused freight, not perish- 
able, in its possession for a period of thirty (30) days, may, after having given 
the consignor and the consignee, when known, written notice, by United States 
mail or otherwise, of its intention so to do, proceed to sell the same at public 
sale at such point as it may deem to the best interests of all parties concerned, 
and out of the proceeds may retain the charges of transportation, storage and 
demurrage on such freight and all other lawful charges assessed against the 
same, as well as the expenses of advertising (when it has been advertised) and 
sale thereof. The expenses incurred in advertising (if advertised) shall be a 
lien upon such freight in a ratable proportion, according to the number of 
articles, packages or parcels, if more than one. 

Civ. C. '22, § 3928; Civ. C. '12, § 2610; Civ. C. '02, § 1735; G. S. 1663; R. S. 1444: 
1887, XIX, 8,58; 1913, XXVIII, 140. 

§ 5052. May Sell Unclaimed Freight. — Any railroad, steamboat, express or 
transportation company which shall have had unclaimed freight, not perishable, 
in its possession for a period of sixty (60) days may, after having given the 



2341 Civil Code § 5053 

consignor and consignee, when known, written notice, by United States mail 
or otherwise, of its intention so to do, proceed to sell the same at public sale 
at such point as it may deem to the best interests of all parties concerned, and 
out of the proceeds may retain the charges of transportation, storage and de- 
murrage on such freight and all lawful charges assessed against the same, as 
well as the expenses of advertising (when it has been advertised) and sale there- 
of. The expenses incurred in advertising (if advertised) shall be a lien upon 
such freight in a ratable proportion, according to the number of articles, pack- 
ages or parcels, if more than one. 

Civ. C. '22, § 3929; Civ. C. '12, § 2611; Civ. C. '02, § 1736; G. S. 1664; R. S. 1445; 
1887, XIX, 858 ; 1913, XXVIII, 140. 

§ 5053. Perishable Freight. — In case such refused or unclaimed freight 
shall be in its nature perishable, then in order to protect the interests of all con- 
cerned, the same may be sold as soon as it can be. The proceeds of such sale 
shall be applied to the charges of transportation, storage and demurrage, on 
such freight and all other lawful charges assessed against the same, as well as 
any legitimate expense connected with the sale thereof, and the balance shall be 
accounted to the rightful owner, upon satisfactory proof of ownership. 

Civ. C. '22, § 3930; 1913, XXVIII, 140. 

§ 5054. Live Stock. — In case such refused or unclaimed freight is live 
stock, then, in order to protect the interests of all concerned, the same may be 
sold after ten (10) days' notice in writing to the consignor and the consignee, 
when known, by United States mail or otherwise. The proceeds of such sale shall 
be applied to the charges of transportation, demurrage, and to the expenses in- 
curred in caring for such live stock and all other lawful charges assessed against 
the same, as well as any legitimate expense connected with the sale thereof, and 
the balance shall be accounted for to the rightful owner upon satisfactory proof 
of ownership. 

Civ. C. '22, § 3931 ; 1913. XXVIII, 140. 

§ 5055. Carriers to Keep Records. — Such railroad, steamboat, express or 
transportation company shall keep books of record of all such sales as afore- 
said, containing copies of such notices, proofs of advertisements and postings, 
where required to be made, affidavit of sale, with the amount thereof, the total 
amount of charges against such freight, and the amount held for the owner, 
which books shall be open for inspection by claimants, at the principal office of 
said company, and at the office where sale was made, and at any time within five 
years thereafter shall refund any surplus, so retained, to the owner of such 
freight, his heirs or assigns, on satisfactory proof of such ownership ; if no per- 
son shall claim such surplus within five (5) years, said surplus shall be paid 
into the State Treasury. 

Civ. C. '22, § 3932; Civ. C. '12, § 2613; Civ. C. '02, § 1738; G. S. 1666; R. S. 1446; 
1887, XIX, 858; 1913, XXVIII, 140. 

§ 5056. Sale of Property on Account of Repairs or Storage for Charges. — 

It shall be lawful for any garage man or storage proprietor, owner and operator 
of any storage place or any garage or repair shops of whatever kind or repair- 
men who shall make repairs upon any article under contract for the same or 
furnish any material for such repairs, in this State, when property may be left 
at his shop for repairs or storage, to sell the same at public outcry to the highest 
bidder after the expiration of sixty days from written notice to the owner of 
the property, that said repairs have been completed, or storage charges are due, 
and the same shall be sold by any Magistrate of the county in which the work 
was done ; or vehicle or thing was stored : Provided, That the said Magistrate 



§ 5057 Civil Code 2342 

shall, before selling such property, advertise the same for at least fifteen days 
by posting a notice in three public places in his township. And he shall, after 
deducting all proper costs and commissions, pay to the claimant the money due 
to him, taking his receipts for the same, after which he shall deposit the said 
receipt, as well as the items of costs and commissions, with the remainder of 
the money or proceeds of the sale, in the office of the Clerk of the Court, subject 
to the order of the owner thereof, or his legal representatives. 

Civ. C. '22, § 3933; Civ. C. '12, § 2614; Civ. C. '02, § 1739; G. S. 1667; R. S. 1447; 
1875, XV, 878 ; 1912, XXVII, 624 ; 1922, XXXII, 935 ; 1925, XXXIV, 207. 

§ 5057. Sales by Keepers of Public Garages for Storage Charges — Time — 
Duty and Commission of Magistrate — Notice — Use of Proceeds. — It shall be 
lawful for any keeper of a public garage, person, firm or corporation in this 
State, when an automobile or motor vehicle may be left in his garage or place of 
business, for storage and the owner of the same shall, after demand, refuse pay- 
ment of reasonable charges for such storage, sell the same at public outcry, to 
the highest bidder, after the expiration of six months from the time such auto- 
mobile shall have been placed in said garage or place of business, and the same 
shall bC' sold by any Magistrate of the county in which the said automobile is 
stored or left as aforesaid : . Provided, That the said Magistrate shall, before 
selling such property, advertise the same, for at least ten days, by posting a 
notice in three of the most conspicuous places in his township. And he shall, 
after deducting all proper costs and commissions, pay the claimant the money 
due to him, taking his receipt for the same. After which he shall deposit the 
said receipt as well as the items of costs and commissions, with the remainder of 
money or proceeds of the sale, in the office of the Clerk of the Court, subject to 
the order of the owner thereof, or his legal representative. The Magistrate who 
shall sell such property shall be entitled to receive the same commissions as are 
now allowed by law for the sale of personal property by Constables. 

1923, XXXIII, 112. 

§ 5058. Commissions on Mechanics' Sales. — The Magistrate who shall sell 
such property shall be entitled to receive the same commissions as are now al- 
lowed by law for the sale of personal property by constables. 

Civ. C. '22, § 3934; Civ. C. '12, § 2615; Civ. C. '02, § 1740; G. S. 1668; R. S. 1740; 
1875, XV, 878. 

§ 5059. Innkeeper's Liability Limited — Notice — Contributory Negligence 
of Proprietors. — ^Whenever and so long as the proprietor or proprietors of any 
hotel, inn, or boarding house shall post and keep posted in a conspicuous man- 
ner, in the room occupied by any guest a notice requiring such guest to bolt the 
door of such room, or on leaving his room to lock the door and leave the keys at 
the office, and also to deposit such money and jewels as are not ordinarily car- 
ried upon the person, in the office safe, and such guest shall neglect to comply 
with the requirements of such notice, the proprietor or proprietors of such hotel, 
inn, or boarding house shall not be liable for the loss of the baggage of such 
guests which may be lost or stolen from said room, or for the loss of such money 
and jewels not deposited in such safe : Provided, That this Section shall not 
apply to cases in which the proprietor or proprietors of such hotel, inn, or board- 
ing house have by their own negligence contributed to such loss. 

Civ. C. '22, § 3935 ; Civ. C. '12, § 2616 ; Civ. C. '02, § 1741 ; 1888, XX, 9. 

§ 5060. Rights of Innkeepers Extended to Keepers of Boarding Houses. — 
Keepers of boarding houses shall have the same rights and remedies for enforc- 
ing and collecting claims for board as are allowed by law to innkeepers- or hotel 
keepers. 



2343 Civil Code § 5060 

Misdemeanor to Defraud Hotel or Innkeepers. — Any person who shall at 
any hotel, inn or boarding house order and receive, or caused to be furnished, 
any food or accommodation, with intent to defraud the owner or proprietor of 
such hotel, inn or boarding house out of the value or price of such food or ac- 
commodation ; and any person who shall obtain credit at any hotel, inn or board- 
ing house by the use of any false pretense or device, or by fraudulently de- 
positing at such hotel, inn or boarding house any baggage or property of less 
value than the amount of such credit or of the bill by such person incurred, 
unless credit be given by express agreement ; and any person who, after obtain- 
ing credit or accommodation at any hotel, inn or boarding house, shall surrepti- 
itously remove his or her baggage or property therefrom, shall be deemed guilty 
of a misdemeanor. 

Fraudulent Eepresentations Prima Facie Evidence of Guilt. — Proof that 
lodging, food or other accommodation was obtained by false pretense, or by false 
or fictitious show or pretense of baggage, or that the party refused to pay for 
such food, lodging or accommodation on demand, or that he absconded without 
paying or offering to pay for such food, lodging or other accommodation, or 
that he surreptitiously removed or attempted to remove his or her baggage, 
shall be prima facie proof of the fraudulent intent mentioned in the second 
paragraph of this Section. 

Innkeeper May Sell at Public Auction Baggage in Case op Default. — At 
any time after the expiration of ten days after the person incurring the debt 
or obligation has left the hotel, inn or boarding house, and the debt or obliga- 
tion being still due and unpaid, the owner or proprietor of said hotel, inn or 
boarding house may sell, at public auction, for cash, at hotel or boarding house 
office, any or all baggage or property left at said hotel, inn or boarding house, 
to satisfy said debt or obligation without any process at law or equity : Provided, 
That said sale shall be advertised by written or printed posters at three public 
places in the vicinity for at least ten days before said sale. 

Civ. C. '22, § 3936 ; Civ. C. '12, § 2617 ; 1908, XXV, 1085. 



TITLE 14 

Municipal Corporations 

Chapter 57. Cities and Towns, § 5061. 

Chapter 58. Commission Form of Government, § 5421. 



CHAPTER 57 

Cities and Towns 

Article 1. General Provisions, § 5061, 

Article 2. Towns of Less than 1,000 Inhabitants, § 5239. 

Article 3. Towns and Cities of Over 1,000 Inhabitants, § 5263. 

Article 4. Towns Between 1,000 and 5,000 Inhabitants, § 5282. 

Article 5. Cities Over 5,000 Inhabitants, § 5293. 

Article 6. Cities of More than 10,000 Inhabitants, § 5369. 



§ 5061 



Civil Code 



2344 



ARTICLE 1 
General Provisions 



5061. Amendments of Charters. 

5062. Charters Perpetual. 
6063-6. Extension of Charters. 
5067-8. Extension of Corporate Limits. 

5069. Decreasing Corporate Limits. 

5070. Police Power. 

5071-3. Regulations of Hotels and Restau- 
rants. 

5074. Segregation of Races. 

5075. Town and City CouncUs. 

5076. Salary of Mayor or Intendant After 
Reincorporation. 

5077. License for Sale of Meats. 

5078. Marketing Farm Products. 

5079. Contract of Officer with Municipality. 

5080. Publication of Receipts and Disburse- 
ments. 

5081. Jurisdiction of Intendants or Mayors. 

5082. Jurors in Towns of Less than 1,000. 
5083^. Municipal Courts in Cities Between 

1,500 and 20,000. 
5085-6. Recorder. 

5087. Chief of Police. 

5088. 5090-1. Jury Trials. 

5089. Jury Commissioners in Columbia. 
5092-3. Appeals. 

5094. Punishment by Mayor or Intendant. 

5095. Appeal to Court of General Sessions. 
5096-5101. Inspection of Buildings. 

5102. Levy of Taxes. 

5103. Collecting Taxes in Installments. 

5104. Collection of Taxes in Columbia. 

5105. Application of Special Tax to Other 
Purposes. 

5106. Franchise for Lights and Water. 

5107. Municipal Golf Courses. 

5108. Municipal Cemeteries. 
5109-13. Municipal Ice Plants. 

5114. Disposal of Light or Water Plants. 

5115. Waterworks, Lighting Plant and 
Sewerage System. 

5116. Proceeds of Sale of Public Utilities. 

5117. Waterworks and Electric Plants. 
5118-20. Commissioners of Public Works. 
5121. Taxes for Interest on Bonds. 
5122-9. Sinking Fund Commission of 

Greenville. 

5130-1. Purchase of Lands, etc., for Munic- 
ipal Purposes. 

5132-3. Sewerage Commission. 

5134. Condemnation Proceedings. 

5135. Fees and Expenses in Condemnation 
Proceedings. 

5136. Use of Streets for Sewerage System. 



5137. Furnishing Light or Water Beyond 
Limits. 

5138. Drains for Surface Water. 
5139-43. Condemnation for Water System. 

5144. Purchase of Land. 

5145. Condemnation on Owner's Refusal to 
Sell. 

5146. Condemnation for Cemetery. 

5147. Fire Alarm Boxes in Hospitals and 
Schools. 

5148 Valuation of Land. 

5149. Appeal from Valuation. 

5150. Execution of Deed. 
5151-4. Condemnation Procedure. 
5155. Ownership of Property. 
5156-63. Issue of Bonds. 

5164—5. Election as to Issue of Bonds. 

5166. Tax for Bond Retirement. 

5167. Bonds to Fund Past Indebtedness. 

5168. Certificate of Stock for Coupon Bond. 
5169-79. Supervision as to Payment of 

Bond Issues. 
5180-1. Bonds Payable Serially. 

5182. Damages for Street Defects. 

5183. Laying Pipes for Water System. 
5184-94. Public Libraries. 

5195. Greenville County Library. 

5196. Operation of Rock Quarries. 
5197-5201. Ordinances Requiring "Vaccina- 
tion. 

5202. Arrest Outside Corporate Limits. 

5203. Weighing on Public Scales. 

5204. Purchase of Land for Streets. 
5205-9. Procedure on Owner's Refusal to 

Sell. 
5210. License Tax in Cities over 40,000. 
5211-14. Assessment on Abutting Property. 

5215. Sale, etc., of Certificates of Indebted- 
ness. 

5216. Transfer of Property Under Lien. 
5217-19. Elections as to Assessment on 

Abutting Property. 

5220. Review by Towns of Plans of State 
Highway Department. 

5221. Liability for Property Damage. 

5222. License Tax on Carriers. 

5223. Recreation Boards in Cities Between 
35,000 and 45,000. 

5224-5. Parks Outside Limits. 

5226. Subdivisions near Cities. 

5227-35. Zoning Ordinances. 

5236. Territorial Limits of Monck's Corner. 

.5237. Recorder for Bennettsville. 

5238. Annexation of Territorv to Columbia. 



§ 5061. How City and Town Charters May Be Amended. — The charter 
articles of incorporation of any city or town in this State, whether such 
city or town was originallj^ incorporated by Act of the General Assembly 
or under the general law by the Secretary of State, may be amended in any 
particular, not inconsistent with the Constitution and laws of the State, in 
the following manner : A petition shall first be submitted to the Town or 
City Council by a majority of the freeholders of such town or city praying 
that an election be ordered to ascertain whether such amendment or amend- 
ments ought to be made or not; whereupon the said Council shall order an 



2345 Civil Code § 5062 

election, after not less than ten days' public advertisement. At such elec- 
tion each amendment shall be voted upon separately, and the tickets or 
ballots shall be prescribed by the said Council in such ways as to plainly 
express the will of the voter as to each question submitted. At such elec- 
tion the qualified electors of the municipality shall be allowed to vote on 
the question or questions of the proposed amendment or amendments, at 
the usual voting places, in a box provided for the purpose at each voting 
place. If a majority of the votes cast be ascertained and declared to be 
in favor of any or all of the proposed amendments, then the said Council 
shall publish the result of said election, and declare the adopted amend- 
ment or amendments to be a part of the charter of incorporation of such 
city or town, plainly showing the reading of the parts involved as amended, 
and shall forthwith file with the Secretary of State a copy of such declara- 
tion; whereupon such adopted and declared amendment or amendments 
shall stand as a part of the charter of incorporation of such city or town. 
Civ. C. '22, § 4379 ; Civ. C. '12, § 2985 ; Civ. C. '02, § 1996 ; 1899, XXIII, 71. 

§ 5062. (Mimicipal Charters Perpetual. — All municipal charters heretofore 
or hereafter issued by the Secretary of State, and also all municipal cor- 
porations heretofore created by Acts of the General Assembly of this State, 
shall be, and are hereby, declared to be perpetual : Provided, That nothing 
contained in this Section shall be deemed or taken to prevent the General 
Assembly from amending or repealing said charters. 

Civ. C. '22, § 4380 ; Civ. C. '12, § 2986 ; 1904, XXIV, 500 ; 1918, XXX, 778. 

§ 5063. How Municipal Charters May Be Extended. — The charters or 
articles of incorporation of any city or town in this State, incorporated 
or chartered under a general law by the Secretary of State, may be extended 
in the following manner: 

Petition and Prayer for Election. — A petition shall first be submitted to 
the Town or City Council, signed by a majority of freeholders who are 
citizens of said town or city, setting out the length of time it is desired to 
extend the charter of such town or city, and praying that an election be 
ordered to ascertain whether such extension should be made or not; where- 
upon the Council of such town or city shall order an election to be held on 
such question, and shall appoint managers to conduct the same. 

Civ. C. '22, § 4381 ; Civ. C. '12, § 2987 ; 1902, XXIII, 1043. 

§ 5064. Notice of Election. — The Council of such city or town shall give 
notice of such election by publishing the same for twenty consecutive days 
in the newspapers published therein, or, if there be no such newspapers, 
then by posting in not less than three public places within the corporate 
limits, which notice shall plainly and definitely state the object of such election. 

Civ. C. '22, § 4382; Civ. C. '12, § 2988; 1902, XXIII, 1043. 

§ 5065. How Election to Be Conducted. — The polls shall be opened at 
the usual voting precincts in such town or city from 8 o 'clock a. m. until 4 
o'clock p. m., and tickets or ballots shall be prescribed by the Council of 
such city or town on which shall be printed or written the words "For the 
Extension" and "Against the Extension," respectively, so as to plainly 
express the will of the voter. At such election the qualified electors of the 



§ 5066 Civil Code 2346 

municipality shall be allowed to vote on the question of such extension of 
the charter. 

Civ. C. '22, § 4383 ; Civ. C. '12, § 2989 ; 1902, XXIII, 1043. 

§ 5066. Declaration of Resiilt of Election — Certificate of Extension. — If 

a majority of the votes cast be ascertained and declared to be in favor of 
the proposed extension of the charter of such town or city, then the Town 
or City Council, as the case may be, shall publish the result of such election 
and declare the charter extended for the time mentioned in the petition, 
and shall forthwith file with the Secretary of State a copy of the petition 
and declaration duly signed by the members of the Town or City Council 
in their official capacity, and certified to as being correct by the Clerk of 
such town or city. Whereupon the Secretary of State shall issue his certificate 
to the Council of such city or town declaring the charter thereof extended 
for the number of years stated in the petition and declaration: Provided, 
That before issuing said certificate the Secretary of State shall require the 
payment of the fees provided by law. 

Civ. C. '22, § 4384 ; Civ. C. '12, § 2990 ; 1902, XXIII, 1043. 

§ 5067. How the Corporate Limits of Cities and Towns May Be Extended. 

— Any Town or City Council shall have power to extend the corporate 

limits of said city or town in the following manner : A petition shall first 

be submitted to said Council by a majority of the freeholders of the territory 

which it is proposed to annex, praying that an election be ordered to see 

if such territory shall be included in said town. The said Town Council 

shall order an election after not less than ten days' public advertisement. 

At such election the qualified voters of the municipality shall vote at the 

usual voting precincts thereof in a box provided for that purpose, and the 

qualified electors of the territory proposed to be annexed shall vote in a 

separate box to be provided for that purpose within the territory proposed 

to be annexed. If a majority of the votes cast by the qualified electors 

of the town and of the territory proposed to be annexed, each aggregated 

separately, shall be each in favor of annexation, or if neither give a majority 

against annexation, then the Council shall publish the result of said election 

and declare the annexed territory a part of said town: Provided, however, 

That if the property sought to be annexed belongs to a corporation only, it 

may be annexed on the petition of the stockholders of said corporation. 

Any town increasing its territory shall file a notice with the Secretary of 

State describing its new boundaries. 

Civ. C. '22, § 4385 ; Civ. C. '12, § 2991 ; Civ. C. '02, § 1997 ; 1896, XXII, 82 ; 1897, XXII, 
459; 1901, XXIII, 658. 

§ 5068. Extension of Corporate Limits of Cities and Towns by Consolida- 
tion. — Whenever it is proposed to extend the corporate limits of any city 
or town in this State so as to include any adjacent territory under the pro- 
visions of Section 5067, whether the said adjacent territory be in whole or 
in part in incorporated municipality, it shall be lawful for said city or 
town and such adjacent territory to stipulate and agree upon terms of con- 
solidation, and such stipulations shall become a binding contract upon the 
city or town when enlarged : Provided, That such stipulations shall be 
printed in full, or fully identified by reference to some easily accessible 
publication thereof in full, on a majority of the affirmative votes cast at 



2347 Civil Code § 5069 

the election held under the requirements of the preceding Section, both in 
the city or town seeking enlargement and in the territory or portion of ter- 
ritory so included as a result of such election 
Civ. C. '22, § 4386 ; Civ. C. '12, § 2992 ; 1911, XXVII, 22. 

§ 5069. How Cities and Towns May Decrease Their Limits. — Any town 
or city may reduce its corporate limits in the following manner: Whenever 
a petition is presented to the Town Council signed by a majority of the 
resident freeholders of said town asking for a reduction of the corporate 
limits of said town, then said Council shall order an election after not less 
than ten days' public advertisement; such advertisement shall describe the 
territory that is proposed to be cut off. At such election, should a majority 
of the qualified electors vote in favor of the release of the territory, then 
said Council shall issue an ordinance declaring the territory no longer a 
portion of said town, and shall so notify the Secretary of State, furnishing 
him at the same time with the new boundaries of said town. 

Extension- op Limits to Include Cemeteries. — Any town or city may extend 
its corporate limits so as to include any or all cemeteries adjoining said 
town or city, for the purposes only of police and sanitary measures, by 
the passage of "an ordinance" declaring them to be a portion of said town 
or city; but the inclusion of said cemeteries does not convej^ to the city or 
town the right to tax them in any manner whatsoever. 

Civ. C. '22, § 4387 ; Civ. C. '12, § 2993 ; Civ. C. '02, § 1998 ; 1896, XXII, 82 ; 1897, XXII, 
459; 1901, XXUI, 658. 

§ 5070. Power to Enact Rules or Ordinances for Police Government.— 

The City Councils and Town Councils of the cities and towns of the State 
shall, in addition to the powers conferred by their respective charters, have 
power and authority to make, ordain and establish all such rules, by-laws, 
regulations and ordinances respecting the roads, streets, markets, police, 
health and order of said cities and towns, or respecting any subject as shall 
appear to them necessary and proper for the security, welfare and con- 
venience of such cities and towns, or for preserving health, peace, order 
and good government within the same. And the said City or Town Coun- 
cils may fix fines and penalties for the violation thereof, not exceeding one 
hundred dollars fine or thirty days imprisonment: Provided, That such 
rules, by-laws and ordinances shall not be inconsistent with the laws of this 
State: Provided, further. That nothing herein contained shall be construed 
to repeal the law establishing local Boards of Health. 

Civ. C. '22, § 4388 ; Civ. C. 12, § 2994 ; Civ. C. '02, § 1999 ; 1898, XXII, 820. 

§ 5071. Municipalities May Regulate Hotels, Cafes, Etc. — Proviso.— Full 

power and authority is hereby given to and vested in all towns and cities 
in this State to provide by ordinances such rules and regulations regarding 
the conduct and operation of markets, hotels, restaurants, cafes and lunch 
counters therein, so as to provide for the public health, comfort and con- 
venience; and when such rules and regulations have been established to 
provide by ordinance for the punishment of all offenders against the same, 
within the limits now provided by law: Provided, That should there be a 
Board of Health in such town or city, its approval shall first be obtained. 
Civ. C. '22, § 4389; 1917, XXX, 46. 



§ 5072 Civil Code 2348 

§ 5072. Inspection — Penalty for Obstruction of Same. — All such towns 
and cities may, by ordinance, provide for tlie inspection of all such places 
by some competent person appointed by the Mayor or Intendant, and all 
persons, firms or corporations conducting or operating such places shall at 
all times permit and allow inspections to be made of their premises by 
such inspectors, and any person, firm or corporation who shall refuse to 
allow such inspection, or who shall obstruct any officer whose duty it is to 
make such inspection shall be deemed guilty of a misdemeanor, and, upon 
conviction, shall be subject to such penalties as such towns or cities may 
impose by ordinance, not exceeding a fine of one hundred dollars ($100.00) 
or imprisonment not exceeding thirty (30) days. 

Civ. C. '22, § 4390; 1917, XXX, 46. 

§ 5073. Ordinances to Be Obeyed — Revocation of Licenses. — ^AU persons, 
firms and corporations within the meaning of this Article shall carry out 
and obey all ordinances passed or enacted by any town or city, and upon 
neglect or refusal to comply therewith shall be subject to the penalties herein 
provided : Provided, That such towns and cities shall have the power to 
deny or to revoke any and all licenses granted to conduct such business 
when, in the judgment of the Mayor or Intendant, such ordinances are not 
complied with. 

Civ. C. '22, § 4391 ; 1917, XXX, 46. 

§ 5074. Segregation of Races. — Municipal corporations of this State may 
provide by reasonable and suitable ordinances for the segregation of the 
races in their respective municipalities. 

Civ. C. '22, § 4392 ; 1915, XXIX, ISO. 

§ 5075. Town and City Councils — How Elected. — In all towns and cities 
which by law have been divided into wards or other political and geo- 
graphical sections the Town or City Councils shall be composed of "Wardens 
or Aldermen elected from each ward or section separately by the electors 
of such ward, and not by the electors at large of said towns or cities, and 
the Mayors or Intendants shall be elected at large by a direct vote of the 
qualified electors of such city or town: Provided, That the provisions of 
this Section shall not apply to the cities of Greenville, Georgetown, Sumter, 
Marion, Summerville, Charleston, and Fountain Inn. 

Civ. C. '22, § 4393; Civ. C. '12, § 2995; Civ. C. '02, § 2000; 1896, XXII, 56; 1897, XXII, 
408, 1923, XXXIII, 162. 

§ 5076. 'Salary of Mayor or Intendant of Cities and Towns. — The salary 

of the Mayor or Intendant of any city or town in the State of South Carolina 
shall be and remain the same after any such city or town shall have sur- 
rendered its charter, or whose charter shall have expired, and such city or 
town has been reincorporated under the general laws of the State, that it 
was prior to the reincorporation of such city or town, whether such rein- 
corporation shall have taken place heretofore or shall take place hereafter, 
until such salary shall be changed by law. 

Civ. C. '22, § 4394; Civ. C. '12. § 2996; 1909, XXVI, 148. 

§ 5077. Licenses for Sale of Fresh Meats — Exceptions. — No City or Town 
Council shall charge any citizen or citizens of this State license fees for 
the right to sell or offer for sale fresh beef, pork, mutton, fish, poultry or 



2349 Civil Code § 5078 

veal, produced or grown by the vendor, excepting regular butchers who 
shall keep a regular butcher's stall or market house inside the incorporate 
limits of any city or town in which license may be required. 

Such license shall not give the holder thereof a monopoly of the sale of 
the articles enumerated above, but any farmer or stock raiser may sell or 
offer for sale, at any time, beef, mutton, pork or veal in cities or towns 
granting such license without being required to pay any fee for the right 
so to do. 

Civ. C. '22, § 4395 ; Civ. C. '12, § 2997 ; Civ. C. '02, § 2001 ; 1896, XXII, 91. 

§ 5078. Farm Products Marketed Without License. — All products of the 
farms of this State may be sold in any town or city by the producer of 
said product or his agent without said producer being required to pay license 
to make such sale : Provided, Said producer or agent is not engaged in selling 
the produce of other persons. 

Civ. C. 22, § 4396 ; Civ. C. '12, § 2998 ; 1902, XXIII, 1039. 

§ 5079. Municipal Officer Cannot Contract With Municipality. — No munici- 
pal officer shall take a contract to perform work or furnish material for 
the municipal corporation of which he is an officer, and no such officer 
shall receive any compensation on any contract for said purpose : Provided, 
That in cities of over thirty thousand inhabitants such contracts may be 
allowed by the unanimous vote of City Council upon each specific contract, 
such vote to be taken by yeas, and nays, and entered upon the Council's 
iournal. 

Civ. C. '22, § 4397 ; Civ. C. '12, § 2999 ; Civ. C. '02, § 2002 ; 1900, XXII, 455. 

§ 5080. Municipalities of More Than 200 Inhabitants Required to Publish 
Itemized Statement of Receipts and Disbursements. — All towns in this State 
of more than two hundred population shall keep an itemized account of 
all receipts and disbursements, and shall publish quarterly statements of 
same in some newspaper in the county in which such corporation is situated, 
or by posting at some conspicuous place or places in the town: Provided, 
This Section shall not apply to the Counties of Sumter, Newberry, Hampton, 
Richland, Marlboro, Georgetown, Abbeville, Spartanburg, Aiken and Marion. 

Civ. C. '22, § 4398 ; 1912, XXVII, 817. 

§ 5081. Jurisdiction of Intendants or Mayors — Right of Trial by Jury. — 

The Intendants or Mayors of the cities and towns of this State that have 
been heretofore chartered or that may be hereafter chartered by special 
Act of the General Assembly or under general laws shall have all the powers 
and authority of Magistrates in criminal cases within the corporate limits and 
police jurisdiction of their respective cities and towns, and shall especially 
have the power and authority to speedily try all offenders against the 
ordinances of said town in a summary manner and without a jury unless 
demanded by the accused; and the Mayor pro tempore shall have the same 
powers. When the accused shall demand a jury the same shall be drawn in the 
same manner as is provided for in the Courts of Magistrates. The Chief of 
Police or Marshal of the town, or such officer as the Mayor, Intendant or Mayor 
pro tempore may appoint, shall act as Constable to prepare the jury list ; and the 
complainant, or some officer to be designated by the Mayor, Intendant or 



§ 5082 Civil Code 2350 

Mayor pro tempore, is authorized to make the challenges allowed on the part of 
'he prosecution. 

Civ. 0. '22, § 4399; Civ. C. '12, § 3000; Civ. C. '02, § 2003; 1897, XXII, 498; 1901, XXIII, 
651. 

§ 5082. In Towns of Less Than One Thousand Jurors May Be Drawn from 
Territory Adjacent. — Whenever it shall appear that a sufficient number of com- 
petent jurors cannot be had for the trial of cases arising under the ordinances 
within the corporate limits of a town of less than one thousand inhabitants, 
it shall be lawful for a jury or any deficiency of jurors to be drawn, as 
now provided by law, from the territory adjacent to such towns : Provided, 
That no person shall be compelled to serve as juror who resides more than 
five miles from such town. 

Civ. C. '22, § 4400 ; 1912, XXVII, 773. 

§ 5083. Municipal Courts in Cities of Limited Population. — It shall be 

lawful for the City Council of any city in this State whose population by 

the last census was not less than fifteen hundred and not more than twenty 

thousand, or which may now or hereafter by actual enumeration have such 

population within said limits, by ordinance duly enacted, to establish in 

said city a Municipal Court for the trial and determination of all cases 

arising under the ordinances of such city, and a Municipal Court is hereby 

established for every city in this State whose population by the last census 

was not less than twenty thousand and not more than fifty thousand, or 

which may now or hereafter by actual enumeration have a population within 

said limits. 

Civ. O. '22, § 4401 ; Civ. C. '12, § 3001 ; 1904, XXIV, 397 ; 1905, XXIV, 911 ; 1915, XXIX, 
197; 1923, XXXIII, 164. 

§ 5084. Jurisdiction. — The said Municipal Court shall have jurisdiction 
to try and determine all cases arising under the ordinances of the city in 
which said Court is established, and generally shall have all such judicial 
powers and duties as are now conferred upon the Mayor of such city either 
by its charter or by the laws of the State of South Carolina. The said 
Municipal Court shall also have all such powers, duties and jurisdiction in 
criminal cases as are now conferred by law upon the Magistrates appointed 
and commissioned for the county in which said Court is established, except 
that said Court shall not have the authority of a Magistrate to appoint a 
Constable. 

Civ. C. '22, § 4402 ; Civ. C. '12, § 3002 ; 1902, XVIII, 1048. 

§ 5085. Recorder — Election, Term and Salary. — The Municipal Court here- 
by established shall be held by a Kecorder, who shall be elected by the 
Mayor and Aldermen of the city in which said Court is established. The 
Recorder shall hold his office for a term of four years and until his suc- 
cessor is elected and qualified. The salary of the Recorder shall be fixed 
by the Mayor and Aldermen of such city and shall not be increased or 
diminished during his continuance in office. Before entering upon the dis- 
charge of the duties of his office he shall take and subscribe the usual oath 
of office. Provided, The Mayor and Aldermen may, by ordinance,, fix the 
term of office of the Recorder at less than four years. 

Civ. C. 22, § 4403 ; Civ. C. '12, § 3003 ; 1902, XVIII, 1048 ; 1928, XXXV, 1146. 



2351 Civil Code § 5086 

§ 5086. Vacancy in Oifice of Recorder. — In case of a vacancy in office 
of Recorder, in any city, the Mayor and Aldermen of such city may elect 
a successor to fill the unexpired term. In case of the temporary absence, 
sickness or disability of the Recorder, the Municipal Court shall be held by 
the Mayor, the Mayor yro tempore, or by an Alderman selected by the City 
Council. 

Civ. C. '22, § 4404 ; Civ. C. '12, § 3004 ; 1902, XVIII, 1048. 

§ 5087. Chief of Police to Attend Sessions of Coiirt. — ^It shall be the 
duty of the Chief of Police of the city in which said Municipal Court is 
established to attend upon the sessions of said Court, and the said Chief of 
Police and the Policemen of such city shall be subject to the orders of said 
Court, and shall execute the orders, writs and mandates thereof, and shall 
perform such other duties in connection with said Court as may be pre- 
scribed by the ordinances of such city or town. The said Chief of Police 
and the Policemen shall also be invested with the same powers and duties 
as are now or which may hereafter be devolved upon Magistrates' Constables. 

Civ. C. '22, § 4405 ; Civ. C. '12, § 3005 ; 1902, XVIII, 1048. 

§ 5088. Jury Trial as in Magistrates' Courts — Stenographer. — ^In the trial 
of any case in the said Municipal Court, upon the demand for a jury, the 
same shall be summoned and empanelled in accordance with the law for 
summoning and empanelling juries in Magistrates' Courts. The jury shall 
consist of six. Any party shall have the right to have the testimony given 
at such trial taken stenographically by a stenographer to be appointed by the 
Recorder: Provided, Such party shall first tender or pay the charges of 
such stenographer for taking and transcribing the same. 

Civ. C. '22, § 4406 ; Civ. C. '12, § 3006 ; 1902, XVIII, 1048. 

§ 5089. Jury Commissioners in Columbia — Duties — Jury Box. — The Mayor 
and Councilmen of the City of Columbia are hereby declared to be the Jury 
Commissioners for the Recorder's Court for the City of Columbia, and shall, 
within the first ten days of each year, prepare and place in a box, to be 
known as the jury box, the names of each and every citizen within the 
corporate limits of said city eligible to do jury duty, and shall lock and 
keep said jury box convenient for the drawing of a jury, as hereinafter 
specified. 

Civ. C. '22, § 4407 ; 1916, XXIX, 821. 

§ 5090. Jury May Be Had in Criminal Cases — How Drawn. — In all criminal 
cases in said Recorder's Court, in which a jury may be demanded by either 
the city or the defendant, a jury shall be selected in the following manner: 
The City Clerk, or if said Clerk cannot be had, any other person appointed 
by the Recorder of said city, shall draw out of the jury box referred to 
in Section 5089, eighteen ballots, each containing the names of an eligible 
juror, and list the said eighteen names in duplicate, delivering one copy 
of same to the Attorney for the city, if he be present, if not, to the Chief 
of Police, or some officer designated by said Chief, and one copy to the 
defendant or his attorney. 

Civ. C. '22, § 4408 ; 1916, XXIX, 821. 

§ 5091. Challenges — Additional iNames. — The City Clerk shall place the 
eighteen ballots so drawn out in some box or hat and shall draw out one, 



§ 5092 Civil Code 2352 

and the person so drawn out shall be one of the jury, unless challenged by 
either party ; and the City Clerk shall then proceed until he shall have drawn 
six, who shall not have been challenged. Neither party being allowed 
more than six challenges, but if the first twelve drawn shall be challenged 
and the parties do not agree to a choice, the last six shall be the jury, and 
when any of the six jurors so drawn cannot be had or are disqualified by 
law to act in such case, and the parties do not supply the vacancy by agree- 
ment, the City Clerk shall proceed to draw out of said jury box ballots 
for three times the number thus deficient, which shall be disposed of and 
be drawn as above provided. 
Civ. C. '22, § 4409 ; 1916, XXIX, 821. 

§ 5092. Appeal — Recognizance. — Any party shall have the right to appeal 
from the sentence or judgment of the Recorder to the City Council of the 
city, or the Court of General Sessions of the county in which the trial is held : 
Provided, however, Notice of intention so to appeal be given in writing and 
served on the Recorder within twenty-four hours after sentence is passed or 
judgment rendered, and the party appealing do enter into bond, payable 
to such city, to appear and defend such appeal at the next meeting of the 
City Council of such city or the next term of said Court of General Sessions 
as the appeal may be taken in such amount and with such sureties as the 
Recorder may determine. 

Civ. C. '22, § 4410; Civ. C. '12, § 3007; 1902, XVIII, 1048. 

§ 5093. Return on Appeal — Contents — Hearing in General Sessions. — In 

the event of an appeal the Recorder shall make a return to the tribunal 
to which the appeal is taken, and the appeal shall be heard by the City 
Council, or presiding Judge, as the case may be, upon such return. The 
return of the Recorder shall consist of a written report of the charges 
preferred, the testimony, the proceedings and the sentence or judgment, and 
where the testimony has been taken by a stenographer as herein provided, 
shall embrace the stenographer's report of the testimony. If the appeal is 
taken to the Court of General Sessions said return shall be filed with the 
Clerk of the Court of General Sessions of the county in which the trial is 
had, and the cause shall be docketed for trial in the same manner as is now 
provided in case of appeals from Magistrates' Courts. 
Civ. C. '22, § 4411; Civ. C. '12, § 3008; 1902, XVIII, 1048. 

§ 5094. Punishments by Mayor or Intendant — Right of Appeal to Full 
Council. — Whenever the Mayor, Intendant, or Mayor pro tempore, shall find 
the party tried before him guilty of violating an ordinance of said town, he 
shall have power to impose, in his discretion, a fine, or imprisonment in 
the alternative, not to exceed the limits prescribed for such violation by 
the ordinances of said city or town, and such imprisonment may be accom- 
panied with the additional requirement of hard labor on the streets of said 
city or town, under such regulation as by ordinances may be established. 

From all decisions of such Mayor, Intendant, or Mayor pro tempore^ any 
defendant, feeling himself or herself aggrieved, shall have the right to appeal 
to the City or Town Council : Provided, He give notice of such appeal within 
twenty-four hours after sentence has been passed, and to enter into bond 
to appear and defend before said Council at a time to be specified in such 
undertaking, and to abide the sentences of the City or Town Council : Provided, 



2353 Civil Code § 5095 

That in those cities of over five thousand inhabitants, incorporated under 
Article 5 of this Chapter, the appellant may pay the fine imposed under 
protest and appeal to the City Council without giving bond. At the trial 
of such appeal the Mayor, Intendant, or Mayor pro tempore, shall preside and the 
Alderman shall sit as a Court, and a concurrence of a majority of the Aldermen 
present shall be necessary for the reversal of the judgment of the Mayor, 
Intendant, or Mayor pro tempore; but if the Aldermen present shall divide 
equally in opinion, the judgment of the Mayor, Intendant, or Mayor pro tempore, 
shall be affirmed. They may reserve, modify or confirm any or all rulings or 
conclusions of the Mayor, Intendant, or Mayor pro tempore, made or reached 
in the first trial of the case. 

Civ. C. '22, § 4412; Civ. C. '12, § 3009; Civ. C. '02, § 2004. 

§ 5095. Right of Appeal to Court of Greneral Sessions. — From all the 
decisions of said Mayor, Intendant, or Mayor pro tempore, or City or Town 
Council, any party in interest feeling himself or herself aggrieved shall have 
the right of appeal to the Court of General Sessions for the county in which 
the trial is had : Provided, however. That he must give notice of such appeal 
in writing within twenty-four hours after the sentence has been passed and 
enter into bond to appear and defend before said Court at its next ensuing 
session thereafter: Provided, That in those cities of over five thousand in- 
habitants incorporated under Article 5 of this Chapter, in all cases the person 
convicted shall have the right of appeal to the Court of General Sessions 
within five days from time of sentence. Such appeal may be taken either 
from the sentence of the Mayor or from the sentence of the City Council; 
but the appeal shall not operate to stay the execution of the sentence unless 
the appellant give bond, to be approved by the Mayor, conditioned to abide 
the judgment of the Court of General Sessions. Said appeal in said Court 
of General Sessions shall be heard upon the report of the presiding officer 
of the trial below and upon the testimony reported by him. The provisions 
of Sections 5081, 5094 and 5095 shall not apply to the City of Charleston. 

Civ. C. '22, § 4413; Civ. C. '12, § 3010; Civ. C. '02, § 2005. 

§ 5096. Inspector of Buildings to Inquire Into All Fires — ^Duty of In- 
surance Commissioner — Powers of Inspector — ^Inspector Ex Officio. — The In- 
spector of Buildings of every incorporated city or town in this State shall 
hold an inquiry into the origin of every fire occurring within the limits 
of said city or town, and the Insurance Commissioner, either personally or 
by a deputy, when in the opinion of the Insurance Commissioner it is desirable, 
shall make inquiry into the origin of fires occurring outside the limits of 
incorporated cities and towns to which his attention may be called. The 
said Inspector of Buildings shall have power to send for persons and papers, 
subpoena witnesses and to compel attendance as are possessed by a Magis- 
trate of the State. The Mayor, Chief of Fire Department or other municipal 
officer may be ex officio Inspector of Buildings. 

Civ. C. '22, § 4414; 1917, XXX, 361. 

§ 5097. Report to the Insurance Commissioner. — After making a com- 
plete inquiry upon such fire the said Inspector of Buildings shall make report 
in writing to the Insurance Commissioner of the State upon blanks to be 
furnished by the Insurance Commissioner, showing how, in his opinion, the 
said fire originated. 

Civ. C. '22, § 4415; 1917, XXX, 861. 



§ 5098 Civil Code 2354 

§ 5098. Fee for Inquiry — From Whom Derived. — The Inspector of Build- 
ings shall be entitled to a fee of three ($3.00) dollars for making said 
inquiry, the said fee to be taxed against the person owning the property- 
burned, if fire was caused by faulty construction or negligence of owner, 
but in case the Inspector shall conclude that the fire was due to lack of 
proper care on the part of the occupant of the house in which the fire 
occurred, the fee shall be paid by the occupant, except that upon affidavit 
made that the occupant is in indigent circumstances, and is unable to pay 
the fee, it shall be paid by the municipality within whose limits the fire 
occurred, or if it be without the limits of the municipality, the fee shall 
be paid by the Insurance Commissioner out of funds available for this 
purpose: Provided, That when the fire originated from accidental causes the 
fee shall be paid by the Insurance Commissioner out of funds available for 
this purpose. 

Civ. O. '22, § 4416; 1917, XXX, 361. 

§ 5099. Procedure and Penalty in Cases of Criminal Carelessness. — If the 

officer shall consider that the fire be due to criminal carelessness, the person 
responsible for the same shall be indicted before a Magistrate for a misde- 
meanor, and, upon conviction of the same, may be fined in a sum not ex- 
ceeding fifty ($50.00) dollars, or imprisonment for not more than ten days. 
Civ. C. '22, § 4417 ; 1917, XXX, 361. 

§ 5100. Procedure Where Municipality Fails to Appoint Inspector. — In 

case the governing body of any municipality shall fail or refuse to appoint 
an officer to make the investigation required, the Insurance Commissioner 
shall make such appointment. 
Civ. C. '22, § 4418 ; 1917, XXX, 361. 

§ 5101. Penalty for Failure to Execute Article — ^Insurance Commissioner 
Charged With Enforcement. — An officer so appointed, after accepting such 
appointment, failing to carry out the provisions of the five preceding Sec- 
tions, shall be liable to a penalty of twenty-five ($25.00) dollars, recoverable 
before a Magistrate, and to dismissal from office. It shall be the duty of 
the Insurance Commissioner to enforce the provisions of this Article. 

Civ. C. '22, § 4419 ; 1917, XXX, 361. 

§ 5102. Municipal Taxes — On What Property Levied.— All municipal taxes 
levied by cities and towns in this State shall be levied on all property, real 
and personal, not exempt by law from taxation, situate within the limits 
of said cities and towns, and in accordance with Section 6, Article 8 of the 
Constitution of 1895. 

The clauses of the charters of any towns or cities restricting taxation in 
said towns to real estate only are hereby repealed. 

Civ. C. '22, § 4420 ; Civ. C. '12, § 3011 ; Civ. C. '02, § 2006 ; 1897, XXII, 409. 

§ 5103. Towns and Cities Authorized to Collect Taxes in Installments. — 

The towns and cities of this State are hereby authorized and empowered 
to collect the taxes of such towns or cities in such installments as the 
municipal authorities thereof may by ordinance prescribe. 

Civ. C. '22, § 4421 ; Civ. C. 12, § 3012 ; Civ. C. '02, § 2007 ; 1898, XXII, 728. 

§ 5104. City of Columbia Permitted to Adopt Certain State Legislation 
to Enforce Collection of Municipal Taxes and Assessments.— The City Council 



2355 Civil Code § 5105 

of Columbia are authorized and empowered for the enforcement and collection 
of taxes and assessments for municipal purposes, on real and personal property 
within the City of Columbia, to adopt such of the State legislation heretofore 
enacted or hereafter to be enacted, or as they may deem expedient and as may 
be applicable, with reference to the enforcement and collection of State and 
county taxes and sales of real and personal property for payment of same, in- 
cluding the levy and sale of real and personal property for delinquent taxes 
and assessments and proceedings subsequent to sale, as provided in the Act 
entitled "An Act in relation to forfeited lands, delinquent lands and collection 
of taxes," approved December the 24th, 1887, and all amendments thereto: 
Provided, always, That such municipal legislation shall provide for the priority 
of State and county taxes over municipal taxes. 
Civ. C. '22, § 4422 ; 1914, XXVIII, 759. 

§ 5105. Unlawful to Apply Proceeds of Tax Specially Levied for Any 
Other Purpose. — ^Whenever a municipal corporation shall levy and collect 
a tax for any specific purpose it shall be unlawful for the officers or agents 
of any such municipal corporations to apply any of the proceeds of such 
tax levy to any other purpose than that for which it was collected until 
the same shall have been discharged or fulfilled or abandoned. 

Civ. C. '22, § 4423 ; Civ. C. '12, § 3013 ; 1909, XXVI, 124. 

§ 5106. Municipalities May Grant Exclusive Franohises for Furnishing 
Lights and Water. — All cities and towns of the State of South Carolina are 
hereby empowered to grant to persons or corporations the exclusive franchise 
of furnishing light or water to said cities and towns and the inhabitants there- 
of : Provided, That no such franchise shall be valid unless it shall first receive 
the vote of two-thirds of the Board of Aldermen or Common Council of 
the city or town granting the same and be subsequently confirmed by a 
vote of the majority of the qualified electors of said city or town voting 
at an election to be called specially for the purpose : And provided, further, That 
the ordinance or resolution granting such franchise shall fix a maximum 
rate for furnishing water or light, both for public and private consumption, 
beyond which the persons or corporation obtaining such exclusive franchise 
shall have no power to charge or receive any further price for light or water 
thus furnished: And provided^ That no such franchise shall exceed a period of 
thirty years or affect any existing contractual rights. 

Civ. C. '22, § 4424; Civ. C. '12, § 3014; 1902, XXIII, 1039. 

§ 5107. Municipal Golf Courses. — All cities and towns in this State are 
hereby authorized to construct, maintain, and operate a municipal golf course, 
or courses, and for that purpose to acquire by purchase or gift such lands as 
may be necessary therefor ; the said golf course or courses to be operated 
on such terms, conditions, and in such manner, and such charges made for 
the use thereof, as the City or Town Council may provide. 

1929, XXXVI, 8. 

'§ 5106. Cities Empowered to Own, Etc., Cemeteries. — The City or Town 
Council of every incorporated city or town in this State, of more than one 
thousand inhabitants, is hereby authorized and empowered to purchase, or 
otherwise acquire, to own, hold, operate, subdivide and develop land for 
cemeteries or burial grounds and to dispose of lots or portions of lands 
under such terms and conditions as the City or Town Council might direct. 

1925, XXXIV, 115; 1927, XXXV, 112. 



§ 5109 Civil Code 2356 

§ 5109. Municipal Corporations May Acquire and Operate Ice Plants — 
Previous Acquisition Ratified — Elections Hereafter. — It shall and may be 
lawful for the municipal authorities of any incorporated city or town in 
this State to acquire, by construction or purchase, and to operate manu- 
factories or plants for making ice, and may furnish ice at wholesale or retail 
to individuals, firms and private corporations for reasonable compensation: 
Provided, That the purchase or construction of any such ice plant heretofore 
made by any city or town is hereby ratified, authorized and confirmed : 
Provided, further, That no such purchase or construction shall be made here- 
after except upon a majority vote of the electors in such cities or towns 
who are qualified to vote on the bonded indebtedness of said cities or towns. 

Civ. C. '22, § 4425 ; 1920, XXXI, 1040. 

§ 5110. Issue of Bonds Therefor — Election. — Subject to the limitations 
upon the bonded indebtedness provided by law, it shall and may be lawful 
for any such cities or towns to issue bonds for the purpose of acquiring by 
construction or purchase such ice plants, and enlarging or improving the 
same, if such be necessary; such bonds to bear such interest rate as may 
be determined upon by said municipal authorities, and to mature at such 
time or times as may be determined by said municipal authorities : Provided, 
That the question of issuing said bonds for said purposes be first submitted 
at an election to the qualified electors of such cities and towns under the 
laws governing municipal elections, and a majority vote for said bonds. 

Civ. C. '22, § 4426; 1920, XXXI, 1040. 

§ 5111. Operation of Plant — Bonds of Operators — Removal. — The Mayor 
and Council of any city, or the Intendant or Wardens of any town, acquir- 
ing an ice plant under the provisions of this Article, are hereby authorized 
to appoint such suitable and competent person or persons as may be necessary 
to operate said ice plant, at a salary to be fixed by said municipal authorities, 
and the person or persons so appointed may be required to give bond for 
the faithful performance of their duties in a sum to be fixed by said municipal 
authorities, and such person or persons may be removed at the will and 
pleasure of such municipal authorities. 

Civ. C. '22, § 4427; 1920, XXXI, 1040. 

§ 5112. Selling Price of loe. — The price at which the product of such 
ice plants as may be established hereunder shall be sold may be fixed 
from time to time by said municipal authorities at any such city or town, 
and shall be sufficient to reimburse such cities or towns for the expenses and 
cost of manufacture thereof, together with any interest for which said city 
or town may be liable upon any bonds issued for the purpose of acquiring 
such ice plant. 

Civ. C. '22, § 4428; 1920, XXXI, 1040. 

§ 5113. Special Elections Authorizing Cities to Sell Ice Plants. — Should 
the City Council, or any board controlling the same, of any city in this 
State, which owns its ice plant, at any time receive an offer for such ice 
plant, said city, the said City Council, or any board controlling the same, 
is hereby authorized and empowered to order a special election in said city 
for the purpose of determining whether or not the said offer shall be accepted. 
In the event such election be ordered, four weeks' notice thereof shall be 
given by publication of the same in a newspaper of general circulation in 



2357 Civil Code § 5114 

such city, once in each week for four weeks preceding the date of such 
election; the said notice to contain in substance the terms of the offer for 
said property. The said City Council or any board controlling the same, 
shall conduct the said election, appoint managers therefor, and canvass and 
declare the result thereof, in the manner now provided by law in reference 
to general elections in said city, and all qualified electors of said city regis- 
tered at the last general election therein, and all persons who have since 
become qualified electors, shall be entitled to vote in the said election. For 
said election, the City Registration Books shall be opened three weeks pre- 
vious thereto, and remain open for one week, for the purpose of registering 
all persons who shall have become qualified electors since the last election 
in said city. In the event the result of said election is in favor of the 
acceptance of the offer so submitted to the people, the City Council, or any 
board controlling same, of such city is hereby authorized, empowered and 
directed to accept the same, and complete the sale by the conveyance to 
the purchaser of the property purchased and to execute and deliver proper 
deeds of conveyance therefor. In connection with such sale, such City Council, 
or any board controlling the same, is further authorized and empowered 
to make and enter into an agreement with the purchaser or purchasers for 
the operation of the property so purchased, and the furnishing to the people 
of the said ice and to fix maximum rates therefor, during such period as may 
then be agreed upon. Prior to the ordering of such election, such City 
Council, or any board controlling the same, is authorized to take from 
the proposed purchaser or purchasers such security as it may deem sufficient, 
for the performance of the offer of purchase in the event of its acceptance. 
1925, XXXIV, 155; 1927, XXXV, 176; 1930, XXXVI, 1388. 

§ 5114. Cities and Towns May Dispose of Light or Water Plants — Election 
on Sale. — Should the City or Town Council of any city or town in this State, 
which owns its electric light plant and water system, either or both, at any 
time receive an offer for such electric light plant or water system, either 
or both, of said city or town, the said City or Town Council is hereby au- 
thorized and empowered to order a special election in said city or town for 
the purpose of determining whether or not the said offer shall be accepted. 

In the event such election be ordered, six weeks' notice thereof shall be 
given by publication of the same in a newspaper of general circulation in 
such city or town once each week for six weeks preceding the date of 
such election; the said notice to contain in substance the terms of the offer 
for said property. 

The said City or Town Council shall conduct the said election, appoint 
managers therefor, and canvass and declare the result thereof in the manner 
now provided by law in reference to general elections in said city or town, 
and all qualified electors of said city or town registered for said election 
as hereinafter provided shall be entitled to vote in the said election. 

For said election the city or town shall cause its registration books for 
the last general election in said city or to\\Ti to be opened for forty (40) 
days previous to said election aud to remain open for one week for the 
purpose of registering all persons who were not registered in the last general 
election and who are entitled to register to vote in said special election, 
to the end that the registration lists for any election held hereunder shall 
be the lists used in the last general election in any city or town, together 



§ 5115 Civil Code 2358 

■with the names of such additional electors as may register during the period 
herein provided. 

In the event the result of said election is in favor of the acceptance of 
the offer so submitted to the people, the City or Town Council of such city 
or town, is hereby authorized, empowered and directed to accept the same, 
and complete the sale by the conveyance to the purchaser of the property 
purchased, and to execute and deliver proper deeds of conveyance therefor. 

In connection with such sale, such City or Town Council is further au- 
thorized and empowered to make and enter into an agreement with the 
purchaser or purchasers, for the operation of the property so purchased, and 
the furnishing to the people of the said city or town electric current or 
water or both, as the case may be, and to fix maximum rates therefor, during 
such period as may then be agreed upon. 

In connection with such sale such City or Town Council of any city or 
town in this State, is hereby empowered to grant to the purchaser an exclusive 
or non-exclusive franchise for furnishing electric current or water, or both, to 
said city or town, and the inhabitants thereof, provided that no such exclusive 
franchise shall exceed the period of thirty years or affect any existing contractual 
rights. 

Prior to the ordering of such election, such City or Town Council is au- 
thorized to take from the proposed purchaser or purchasers such security 
as it may deem sufficient for the performance of the offer of purchase in 
the event of its acceptance. 

The terms and provisions of this Section shall not apply to or affect any 
contracts already entered into for the sale of electric lighting and power 
plants and water systems, or to any election which may have been already 
ordered as now proA'ided by law. 

1927, XXXY, 176; 1930, XXXVI, 1388. 

§ 5115. iPowers Relative to Waterworks, Lighting Plants and Sewerage 
System. — All cities and towns in this State are hereby authorized and em- 
powered to incur bonded indebtedness and to own and possess property 
to any amount within the discretion of the municipal authorities of such 
towns and cities for the purposes of purchase, establishment and maintenance 
of waterworks plants, sewerage systems and lighting plants: Provided, That 
the question of such purchase or establishment shall be submitted to an 
election, and no such purchase or construction shall be made except upon 
a majority of the electors of such cities or towns who are qualified to vote 
on the bonded indebtedness of said cities or towns: And provided^ further^ That 
the question of incurring such indebtedness be submitted with favorable 
results to the freeholders of such municipalities by petition, and the qualified 
voters of such municipalities for decision according to the requirements of 
the Constitution of this State upon the question of other bonded indebtedness. 

Civ. C. '22, § 4429 ; 1918, XXX, 801. 

§ 5116. Investment of Proceeds of Sale of Public Utilities— Sinking Funds 
for Outstanding Bonds. — Wherever any city or town in this State has here- 
tofore issued bonds for the acquisition, by construction, purchase, or other- 
wise, of any water works, lighting plant or other public utility and sells such 
utility prior to the maturity of said bonds, it shall be lawful for. the City 
Council or other governing body of such city or town, to invest an amount 
of the proceeds of sale of such utility equal to the amount of outstanding 



2359 Civil Code § 5117 

bonds, in duly secured notes of the purchaser of such utility, or otherwise, 
as the said City Council or other governing body may determine, and upon 
such investment being made, such City Council or other governing body 
may, by resolution, set apart the same as a sinking fund for the retirement 
of the said outstanding bonds, and when such investment is so made and 
set apart any other sinking funds on hand for the retirement of said bonds 
shall become freed of their character as sinking funds, and may be lawfully 
diverted to any other legal municipal purpose, and no further annual tax 
levy for the repayment of said bonds shall be necessary. Should any city 
or town in this State have heretofore sold any such utility and made any 
such investment as hereinbefore set out, such investment in lieu of further 
sinking funds is hereby ratified, authorized and confirmed, and the pro- 
visions of this Section shall apply to it with the same force and effect as if 
such investment had been made after the passage of this Section. 
1927, XXXV, 42. 

§ 5117. Construction and Operation of Waterworks and Electric Plants 
— ^Issuance of Bonds — Elections — Condemnation. — All cities and towns shall 
have full power and authority to construct, purchase, operate, and maintain 
waterworks and electric light works within or without, or partially within 
and partially without their corporate limits, for the use and benefit of 
such cities and towns and the inhabitants thereof, and to purchase, own 
and operate and maintain machinery and equipment and apparatus for gen- 
erating either electricity or gas for the use and benefit of such cities and 
towns and the inhabitants thereof, and to acquire existing waterworks by 
condemnation in the manner now provided by law for railroad corporations 
to acquire rights of way, or to contract for the erection of plants for 
waterworks, sewerage or lighting purposes, one or all for the use of such 
cities and towns, and the inhabitants thereof, and to sell, convey and dispose 
of any and all such properties ; and to meet the costs of acquiring said 
properties, or any of them, cities and towns may issue coupon or registered 
bonds bearing interest at a rate not to exceed six per centum per annum, 
payable in any legal tender money of the United States of America, and 
fix the time of payment of such bonds in such manner that the bonds shall 
mature and be payable in annual or other series or installments, or at such 
time as the City or Town Council may fix in said bonds, but not exceeding 
forty years after date of issue with the privilege of redemption at such 
time as the City or Town Council may fix in said bonds : Provided, That 
before any bonds shall be issued, or any such construction, or purchase, or 
any such sale, or conveyance and disposal of any such property, or any 
part thereof, shall be made under the provisions of this Section, the City 
or Town Council of the municipality shall submit the question of such con- 
struction or purchase and the issue of such bonds, or of such sale, conveyance 
and disposal of such property, to the qualified registered electors of the 
city or town, at an election to be ordered for that purpose by the City or 
Town Council to be conducted in accordance with the laws governing munic- 
ipal elections: And provided, further, That before any election shall be held 
under the provisions of this Section, at least the majority of the resident 
freeholders of the city or town, as shown by its tax books, shall petition 
the City or Town Council that the said election be ordered ; and if a majority 
of the electors voting in such election shall vote for the issue of such bonds, 



§ 5118 Cwi-L Code 2360 

and the construction, or purchase of such property in question, the City or 
Town Council shall so declare by ordinance, and shall acquire the property 
and issue the bonds and turn them over to the Board of Commissioners of 
Public "Works for such city or town, or other officer or body authorized by 
law to receive such bonds. And if a majority of the electors voting in any 
such election shall vote for the sale of the property in question, the City 
or Town Council shall sell, convey and transfer the same as so authorized. 
In all elections held under this section the polls shall be opened at 8 o'clock 
in the forenoon and shall be closed at 4 o 'clock in the afternoon : And provided, 
further, That proceedings to condemn existing waterworks shall not be in- 
instituted until after an election ordered by the City or Town Council upon 
thirty days' notice shall have determined, by a majority of the qualified elec- 
tors of the city or town the policy of the city or town in favor of municipal 
ownership of waterworks. Every sale, conveyance and transfer of any water, 
gas or electric light works, plant or system, or any part thereof, heretofore made 
by any city or town is hereby declared to be lawful and valid. 

Civ. C. '22, § 4430 ; Civ. C. '12, § 3015 ; Civ. C. '02, § 2008 ; 1899, XXIII, 49 ; 1914, XXVIII, 
511 ; 1915, XXIX, 53 ; 1916, XXIX, 939 ; 1920, XXXI, 767, 797 ; 797 ; 1922, XXXII, 953. 

§ 5118. Election of Oonmiissioners of Public Works — Terms of OflBce, Etc. — 

As such election for bonds, the elector shall vote for three citizens of such town 
or city, whose terms of office shall be respectively two, four and six years, and 
until the general election for municipal officers next following the expiration 
of the short term, and until their successors are elected and qualified. The 
classification above designated as to the term shall be ascertained by the 
Commissioners after election by lot. At each general election for municipal 
officers following the expiration of the term of the Commissioner holding the 
short term, and at every such election every two years thereafter, one such 
Commissioner shall be elected for a term of six years, and until his successor is 
elected and qualified. The officers so elected and their successors in office shall 
be known as the Commissioners of Public Works of such municipality, and by 
that name may sue and be sued in any of the Courts of this State. At 
the first meeting of the Commissioners after election, and after any election for 
full term, they shall organize by the election of one of their number as Chair- 
man. The Clerk or Recorder of the municipality shall act as Secretary of the 
Commissioners. The Mayor and Aldermen of the city or the Intendant and 
Wardens of a town shall fill any vacancy occurring in said Commissions by death, 
resignation or otherwise, by appointment for the unexpired term. The persons 
elected or appointed to such office shall qualify by taking the same oath as the 
election officers of the municipality take. The Mayor of the city or the Inten- 
dant of the town shall notify the persons so elected as members of the Commis- 
sioners of Public Works of their election, within ten days after the results of 
such election are declared: Provided, That there shall be no Board of Commis- 
sioners of Public Works in the City of Camden and the Town of Clinton and the 
City of Abbeville and St. George, but all the duties, powers and responsibilities 
of the Board of Commissioners of Public Works are hereby devolved upon the 
City Council of the City of Camden and the Town of Clinton, and the City of 
Abbeville and the Town of St. George : and Provided, further, That there shall 
be no Board of Commissioners of Public Works in the City of Chester, but all 
the duties, powers and responsibilities of the Board of Commissioners of Public 
Works are hereby devolved upon the City Council of the City of Chester : Pro- 
vided, That there shall be no Board of Public Works for the City of Cheraw, 



2361 Civil Code § 5118 

but all the duties, powers and responsibility of the Board of Public Works are 
hereby devolved upon the City Council of the City of Cheraw : Provided, That in 
the City of Orangeburg, which city has adopted and is now operated under the 
commission form of government, the Board of Commissioners of Public Works is 
hereby abolished, and all the powers, duties and responsibilities of the said 
Commissioners of Public Works, including all powers and duties in relation to 
issuing and selling bonds for municipal purposes, are hereby devolved upon 
the City Council of Orangeburg : Provided, further, That there shall be no Board 
of Commissioners of Public Works in the City of Georgetown, but all the duties, 
powers and responsibilities of the Board of Commissioners of Public Works are 
hereby devolved upon the City Council of the City of Georgetown: Provided, 
That in cities of fifty thousand (50,000) inhabitants or more, that in addition 
to the three Commissioners of Public Works to be elected as provided for in this 
Section, the Mayor of any such city and the Chairman of the Committee on 
Water Supply, if there be such Committee, shall be ex officio members of said 
Commissioners of Public Works : and provided, That in such cities said Com- 
missioners of Public Works shall serve without compensation : The Board of 
Commissioners shall fill any vacancy occurring in the said commission by death, 
resignation or otherwise, by appointment for the unexpired term, appointment 
to be made by the remaining Commissioners, except in the case of an ex officio 
member of the Commission : Provided, further. That the Board of Commissioners 
of Public Works in and for the City of Sumter be, and the same is hereby, 
abolished, and the duties heretofore imposed by law upon said Board are 
hereby devolved upon the Council of the City of Sumter: Provided, further, 
That the Commissioners of Public Works for the City of Spartanburg shall 
receive as compensation for their services one hundred ($100.00) dollars a month, 
also the Chairman, who shall receive one hundred ($100.00) dollars, all salaries 
to be paid monthly: Provided, That there shall be no Commissioners of Public 
Works in the City of Aiken, and the same as it now exists is abolished, but all 
the duties, powers and responsibilities of the Board of Commissioners of Public 
Works are hereby devolved upon the Mayor and City Council of the City of 
Aiken. That the old Board of Commissioners of Public Works of the City of 
Aiken shall, upon demand to do so, turn over to the Mayor and City Council of 
Aiken, as the new Board herein established, all property, books, vouchers, 
records and moneys now in their hands, and thereafter among the other duties 
devolving upon the Mayor and City Council of Aiken, they shall make a full 
statement at the end of each month of their receipts and disbursements of all 
kinds during the preceding month, which shall be open to public inspection: 
Provided, further, That the provision relative to the City of Aiken shall be 
taken and deemed inoperative unless an amendment to the provision^ of this 
Section shall have been voted for and approved by the qualified electors of the 
City of Aiken at an election directed to be held at Aiken on the second Tuesday 
in June, 1916, in accordance with the provisions of an Act of the General Assem- 
bly of South Carolina approved the 25th day of March 1916. The office of the 
Commissioners of Public Works in and for the town of Dillon are hereby 
abolished, and all the duties, powers and responsibilities of said Board of 
Commissioners of Public Works are hereby devolved upon the Mayor and Town 
Council of said town of Dillon : Provided, That there shall be no Board of Com- 
missioners of Public Works for the Town of Walterboro or Town of West 
Greenville, Greenville County, but all the duties, powers and responsibilities of 
the Board of Commissioners of Public Works are hereby devolved upon the 
Town Council of the Town of Yf alterboro in Colleton County and Town Council 



§ 5118 Civil Code 2362 

of Town of West Greenville, Greenville County : Provided, There shall be no 
Board of Public "Works for the Town of Donalds in Abbeville County under and 
pursuant to Section 5118 of the Civil Code of Laws, but all the duties, powers 
and responsibilities of the Board of Public Works shall be and are hereby de- 
volved upon the Town Council of the Town of Donalds in Abbeville County: 
Provided, From and after June 1st, 1922, the Board of Public Works of the 
Town of Bennettsville shall cease to exercise and discharge any control over the 
light and water plants of said Town of Bennettsville and all of the duties and 
powers of said Board of Public Works shall be vested in the Mayor and the 
Board of Aldermen of the Town of Bennettsville. The present members of the 
Board of Public Works of the Town of Bennettsville, and their successors in of- 
fice to be chosen by the Mayor and the Board of Aldermen are hereby consti- 
tuted a Sinking Fund Commission to handle and control all sinking funds now 
in their hands, under such regulations for the security of such funds as may 
from time to time be imposed by the Mayor and Board of Aldermen. The 
present members of the Board of Public Works of the town shall, until the 
expiration of the terms for which they were elected, continue to manage and con- 
trol the sinking fund, and their successors shall be chosen by the Mayor and Board 
of Aldermen of the Town of Bennettsville : Provided, That the office of Commis- 
sioners of Public Works for the Town of Denmark in the County of Bamberg in 
said State, is hereby abolished, and all of the duties, powers, and responsibilities 
of the said Commissioners of Public Works of said town are hereby devolved upon 
the Town Council of the said Town of Denmark : Provided, That the office of Com- 
missioners of Public Works for the Town of Honea Path, in the County of Ander- 
son, in said State, be, and the same is hereby, abolished, and all of the duties, 
powers, and responsibilities of the said Commissioners of Public Works of said 
town are hereby devolved upon the Town Council of the said Town of Honea 
Path : Provided, That the duties and powers now exercised by the Board of Public 
Works of the Town of Clio, in Marlboro County, are hereby devolved upon the 
Mayor and Town Council of the said Town of Clio. The said Board of Public 
Works of the Town of Clio, in Marlboro County, is hereby abolished : Provided, 
That all of the duties and powers now exercised by the Board of Commissioners of 
Public Works of the Town of Lancaster, in Lancaster County, are hereby devolved 
upon the Mayor and Town Council of the said Town of Lancaster: Provided, 
That the Commission of Public Works in the Town of Estill is hereby abolished, 
and the duties of such Commission is devolved upon the Town Council of the 
Town of Estill: Provided, That there shall be no Board of Commissioners of 
Public Works for the Town of Lake City, in Florence County, but the duties, 
powers and responsibilities of the Board of Commissioners of Public Works are 
hereby devolved upon the Town Council of the Town of Lake City, in Florence 
County: Provided, That the Board of Commissioners of Public Works in the 
City of Conway, Horry County, is hereby abolished, and all the duties, powers 
and responsibilities of the said Board of Commissioners of Public Works are 
hereby devolved upon the City Council of the City of Conway, All the 
powers and duties formerly imposed upon and exercised by the 
Board of Commissioners of Public Works of said city, before the adoption of 
the Commission Form of Government for said city, with regard to the con- 
struction, operation, management and control of the waterworks system, and 
electric light plant of said city are hereby conferred upon the Mayor and 
Council of said City of Rock Hill; and the said Mayor and Council are hereby 
authorized and empowered to construct, operate, manage, control and dispose 
of the water system of said city and any additions thereto, and to lease and 



2363 Civil Code § 5119 

convey the same or any part thereof: Provided, That the question of lease, 
conveyance or disposal of all or any part of the said waterworks system, or 
electric light plant shall first be submitted to the vote of the qualified electors 
of said city at an election called and held pursuant to a petition of a majority 
of the freeholders of said city, and approved by a majority of those voting at 
said election. The Mayor and Council of said city, are hereby authorized and 
empowered to provide for the disposition of sewerage, waste products and 
effluent through the sewer system of said city, to contract and be contracted 
with in connection with the extension, operation and management of the sewer 
system of said city, and with respect to the liability of the city therefor: 
Provided, That the Board of Public Works and the Sewerage Commission of 
the Town of Lamar are hereby abolished, and the duties, powers and responsi- 
bilities of said Board and Commission are hereby devolved upon the Town Coun- 
cil of the said Town of Lamar : Provided, That after the light plant of the 
Town of Pickens has been sold, the Board of Commissioners of Public Works of 
the Town of Pickens is hereby abolished, and the powers, duties and respon- 
sibilities of the said Commissioners of Public Works are hereby devolved upon 
the Town Council of the Town of Pickens and the Sinking Fund Commission 
of the Town of Pickens. 

The office of the Commissioners of Public Works in and for the town of 
Branchville in the County of Orangeburg are hereby abolished, and the duties 
and powers now exercised and conferred upon the Commissioners of Public 
Works are hereby devolved upon the Mayor and Town Council of said Town 
of Branchville. 

Civ. C. '22, § 4431 ; Civ. C. '12, § 3016 ; Civ. C. '02, § 2009 ; 1896, XXII, 83 ; 1899, XXIII, 
50 ; 1900, XXIII, 383 ; 1904, XXIV, 403 ; 1907, XXV, 625 ; 1913, XXVIII, 48 ; 1915, XXIX, 
61; 1916, XXIX, 826, 946; 1917, XXX, 60; 1918, XXX, 715, 770; 1920, XXXI, 716, 986; 
1921, XXXII, 39, 196, 248 ; 1922, XXXII, 781, 789, 794, 834, 986 ; 1923, XXXIII, 158, 162 ; 
1925, XXXIV, 7, 246 ; 1926, XXXIV, 918, 977 ; 1927, XXXV, 119, 171, 210 ; 1928, XXXV, 
1143 ; 1929, XXXVI, 45, 40 ; 1930, XXXVI, 1403, 1248 ; 1929, XXXVI, 49 ; 1925, XXXIV, 
265. 

§ 5119. Compensation of Spartanburg Commissioners of Public Works. — 

The Commissioners of Public Works of the City of Spartanburg shall receive as 
compensation for their services one hundred ($100.00) dollars a month. All 
salaries to be paid monthly. 

1924, XXXIII, 1062; 1925, XXXIV, 265. 

§ 5120. Powers of Commissioners of Public Works — Reports — Concurrence 
of Council. — Said Board of Commissioners of Public Works shall be vested 
with authority to purchase, build or contract for building said waterworks and 
said electric light plant and to operate the same, and shall have full control 
and management of same. They may supply and furnish water to citizens of 
said cities and towns and also electric, gas or other light, and may require and 
exact payment of such rates, tolls and charges as they may establish for the use 
of water and light. They may sell and dispose of said bonds and apply the 
proceeds, or so much thereof as may be necessary, towards the purchase of, or 
payment for, said plants: Provided, That the said Board shall make a full 
statement to the City or Town Council at the end of each month of their receipts 
and disbursements of all kinds during the preceding month. They shall have 
no power to incur any indebtedness without the concurrence of such Council: 
Provided, That the Board of Commissioners of Public Works for the City of 
Greenville is hereby authorized and empowered to issue (with the consent of the 
City Council) negotiable notes or certificates of indebtedness, the aggregate 
amount of which shall at no time exceed the sum of one hundred and fifty 



§ 5121 Civil Code 2364 

thousand dollars, and bearing interest at a rate not exceeding six per cent, per 
annum, and to pledge the net revenues to be derived from the operation of the 
water works for the payment of said notes or certificates; the proceeds of said 
notes or certificates to be used in paying for the repairs to the dam of the 
reservoir at Table Rock. Said notes shall be payable one year, or any fractional 
part thereof, after their date, and may be renewed for a term not exceeding 
three years : Provided, That the Board of Commissioners of Public Works of the 
Town of Latta, heretofore elected, together with two members of the Town 
Council of the Town of Latta, one of which shall be Mayor, and the other of 
whom shall be elected by the said Town Council, shall constitute a commission 
which shall be vested with authority to contract for the construction and 
establishment of a waterworks plant and system in said town, and the con- 
struction and establishment of a system of sewerage in said town, and the 
said Commission shall have full control and management of the same. The 
Chairman of the present Board of Commissioners of Public "Works, or his 
successor, shall be the Chairman of said Commission and the Clerk of the Town 
Council shall act as Secretary of said Commission. The two members of the 
Town Council who shall constitute members of the said Commission as aforesaid 
shall be ex officio members of the said Commission, and upon expiration of their 
terms of office as members of the Town Council their duties as members of 
said Commission shall cease, and the vacancies in the said Commission shall be 
filled in the same manner as provided in this Section, and the successors to 
the members of the present Board of Commissioners of Public Works shall be 
elected in the same manner as now provided by law. Except as hereinbefore 
provided, the said Commission shall have all the duties, powers and responsi- 
bilities now imposed by law upon Boards of Commissioners of Public Works and 
Sewerage Commissions of Municipalities. 

Civ. C. '22, § 4432 ; Civ. C. '12, § 3017 ; Civ. C. '02, § 2010 ; 1896, XXII, 85 ; 1901, XXIII, 
725 ; 1915, XXIX, 53 ; 1924, XXXIII, 1161 ; 1929, XXXVI, 84. 

§ 5121. Taxes for Interest on Bonds — Levy, Collection and Disposition. — 

The said City or Town Council are hereby authorized to assess, levy and collect, 
in addition to the annual tax levied for other purposes, a sufficient annual tax 
from the taxable property of said cities or towns to meet the interest to become 
due upon said bonds, and also to raise the sum of at least one-fortieth part of the 
entire bonded debt as a sinking fund in aid of the retirement and payment of 
said bonds. Said sinking fund shall be under the control and management of the 
Board of Commissioners of Public Works, and shall be applied to the said bonds, 
or invested to meet the payment of same when due. 

Civ. C. '22, § 4433 ; Civ. C. '12, § 3018 ; Civ. C. '02, § 2011 ; 1896, XXII, 83. 

§ 5122. Sinking Fund Commission for City of Greenville. — There is here- 
by created and established a Sinking Fund Commission for the City of Green- 
ville, consisting of three upright and intelligent citizens. 

Civ. C. '22, § 4434 ; 1916, XXIX, 732 ; 1917, XXX, 116. 

§ 5123. Election of Members. — The three members of said Sinking Fund 
Commission shall be elected by the City Council of Greenville. 
Civ. C. 22, § 4435; 1916, XXIX, 732; 1917, XXX, 116. 

§ 5124. Terms of Members.— The members of the first Sinking Fund Com- 
mission elected shall hold their offices for two, four and six years, respectively, 
from the first Tuesday in April, 1917, and until their successors shall have been 
elected and qualified; and on the first Tuesday i.n April, 1918, and every two 



2365 Civil Code § 5125 

years thereafter, or as soon thereafter as can be done, there shall be elected one 
member of said Commission in the same manner as above prescribed, for a term 
of six years, and until his successors have been elected and qualified. 
Civ. C. '22, § 4436 ; 1916, XXIX, 732 ; 1917, XXX, 116. 

|§ 5125. Meetings— Bond — Organization — Penalty for Refusal to Serve. — 

The members of said Sinking Fund Commission shall meet as soon as it may be 
convenient after their election, at some suitable place, and after giving such 
bond as the City Council of Greenville may fix, signed by a surety company 
authorized to do business in this State, and after taking the oath of office similar 
to the one taken by the Mayor or said city, shall proceed to organize by electing 
a Chairman and Secretary from their number. They shall then proceed to 
draw lots for the term of office each shall serve. The member drawing the 
lowest number shall serve two years, and the one drawing the next lowest number 
four years, and the one drawing the remaining number six years. Said Commis- 
sion shall prescribe such rules as they may think proper for the conduct of the 
business of said Commission, and proceed forthwith to carry out the provisions 
of this Section. The Commission shall have regular monthly meetings, and extra 
meetings shall be called by the Chairman of said Commission whenever he shall 
deem it expedient, or upon request of one of the other members thereof. The 
members of said Commission shall receive no compensation for their services as 
such, and if any member, after being duly elected and accepted, shall refuse to 
serve on said Commission he shall be subject to a fine of twenty-five ($25.00) 
dollars, to be imposed by the Recorder, and collected as other fines. Any mem- 
ber of said Commission may be removed from office for good cause by a vote of 
two-thirds of all the members elected to said City Council. 
Civ. C. '22, § 4437; 1916, XXIX, 732; 1917, XXX, 116. 

§ 5126. Filling of Vacancies. — All vacancies shall be filled by election, 
as above provided, and a person elected to fill an unexpired term shall serve only 
to the expiration of such term, unless re-elected. 

Civ. C. '22, § 4438; 1916, XXIX, 732; 1917, XXX, 116. 

§ 5127. Who Eligible as Members. — No person shall be eligible to election 
on said Commission who is not a citizen of Greenville, and who has not resided 
in said city one year previous to his election, nor shall any person be elected who 
at the time of his election holds any office of profit or trust under the national. 
State, municipal or county government, except Notaries Public and members of 
the State militia; and any member of said Commission accepting any such 
office thereby vacates his membership on the Commission. 

Civ. C. '22, § 4439; 1916, XXIX, 732; 1917, XXX, 116. 

§ 5128. Record — Office — Expenses. — The acts and doings of said Commis- 
sion shallbe recorded in a book kept for the purpose, which shall be open to the 
inspection of all citizens. The City Council of Greenville shall furnish said 
Commission with a permanent office, and all of its legitimate expenses for 
stationery, including premium on bonds, etc., shall be paid by said Commission 
out of said sinking funds, upon vouchers signed by the Secretary and approved 
by the Chairman. 

Civ. C. '22, § 4440 ; 1916, XXIX, 732 ; 1917, XXX, 116. 

§ 5129. Disposition of Sinking Funds. — All sinking funds heretofore or 
hereafter levied and collected by the city of Greenville in aid of the retirement 
and payment of bonds of said city, or for any other purpose whatsoever, shall 



§ 5130 Civil Code 2366 

be turned over to said Commission and deposited by it in some reliable bank or 
banks of said city, at interest, said bank or banks to be selected by said Commis- 
sion, subject, however, to the approval of City Council; and said funds shall not 
be drawn out of the bank except by vouchers signed both by the Chairman and 
Secretary of said Commission, Said funds, with the approval of City Council of 
Greenville, may be invested, however, by said Commission in State, county or 
municipal bonds whenever they may think it wise and expedient to do so. 
Civ. C. '22, § 4441 ; 1916, XXIX, 732 ; 1917, XXX, 116. 

§ 5130. Cities and Towns May Purchase Lands, Etc., for Certain Munici- 
pal Purposes. — The said cities and towns shall have the power and authority 
to purchase and hold suitable lands and water, and to erect such aqueducts, dams, 
canals, buildings, machine shops and other works, and to construct and lay 
such conduits, mains and pipes as may be necessary to obtain and secure a supply 
of water and power for operating said waterworks and electric light works. And 
said cities and towns shall have power to erect poles and wires along any of the 
adjacent highways and in said cities and towns, and shall have the right to 
condemn any property and lands, the drainage from which would contaminate 
the water supply of said city or town, and such streams, lakes or lands as may 
be required for the water supply of said city or town, or right of way to enable 
it to lay mains and pipes for water, sewerage or drainage, and erect and operate 
said aqueducts, dams, canals and water and electrical works and electric lines 
on paying to the owner or owners thereof just compensation for such property or 
rights of way to be condemned, such compensation to be determined in the manner 
now provided by law for the condemnation of lands and rights of way by 
railroad corporations. 

Civ. C. '22, § 4442 ; Civ. C. '12, § 3019 ; Civ. C. '02, § 2012 ; 1896, XXII, 83. 

§ 5131. Powers to Be in Addition to Powers Now Enjoyed. — The powers 
conferred by Sections 5117 to 5121, inclusive, and Section 5130 upon the cities 
and towns of the State are, and shall be taken, deemed and construed to be, in 
addition to the powers now enjoyed by said cities and towns. 

Civ. C. '22, § 4443 ; Civ. C. '12, § 3020 ; Civ. C. '02, § 2013 ; 1897, XXII, 507. 

§ 5132. Sewerage Commission — When and How Constituted. — Any munici- 
pal corporation in this State which is about to enlarge, extend or establish a 
system of sewerage therein may, by its Mayor and Aldermen, or Intendant and 
Wardens, or City or Town Council, elect five or seven of its citizens, who shall 
be freeholders therein, as a Sewerage Commission, which shall be known and 
designated as the Sewerage Commission of such municipal corporation, who shall 
continue as such for a term of two years and until their successors are elected, or 
until the enlarging, extending or establishment of its system of sewerage is 
fully completed, as contemplated under the laws and ordinances providing 
therefor : Provided, That not more than three persons so elected as members of 
said Commission shall be members of the body electing such Commission. Any 
vacancy occurring in said Commission shall be filled by election as hereinbefore 
provided ; and any member thereof may be removed for cause by any such City 
or Town Council. The members of such Commission, before entering upon 
their duties, shall take the same oaths required of members of the body electing 
them. 

Civ. C. '22, § 4444; Civ. C. '12, § 3021; 1902, XXIII, 1040. 

§ 5133. Duties of Sewerage Commission. — It shall be the duty of such 
Sewerage Commission, subject to the approval of such City or Town Council, to 



2367 CmL Code § 5134 

advertise for bids for at least 30 days in two or more newspapers for the work 
to be done, for material to be used therein, with the right to reject any and all 
bids, and to enter into contracts with the lowest responsible bidders thereon, 
and to secure competent persons, if deemed advisable, to superintend the 
construction thereof and counsel and advise in matters relating thereto. Such 
shall have the construction of the system of sewerage in charge, and shall 
organize by electing one of its members as Chairman thereof, and a Secretary, 
which may be the same person as the Clerk of such City or Town Council. A 
permanent record shall be made and kept by the said Commission of all its 
proceedings, contracts and other matters done and performed by it, including 
an accurate plan of the work done, showing the situation of the sewerage pipes, 
manholes, water flushes and all other things relating thereto that should be 
shown. And such records shall be open at all times to the inspection of any citi- 
zen of such corporation, and to the City or Town Council thereof, and shall be 
turned over to such City or Town Council as a permanent record thereof, with 
all convenient speed, on the completion of its work. No such Sewerage Commis- 
sion shall expend more money in the enlarging, extending or establishing such 
system of sewerage than has been appropriated therefor, according to law ; and 
all payments for material furnished and work performed shall be made by the 
Treasurer of such City or Town Council on warrants issued by such Commission 
and approved by such City or Town Council. No member of any such Commis- 
sion shall be permitted to enter into any contract with such Commission for 
furnishing materials or for the construction of any of the work of such sewerage 
system. 

Civ. C. '22, § 4445; Civ. C. '12, § 3022; 1902, XXIII, 1040. 

§ 5134. Condemnation Proceedings by Municipal Authorities. — For the pur- 
pose of enlarging, extending or establishing a system of sewerage within and 
adjacent to its corporate limits, any municipal corporation shall have the right 
and power, by its City or Town Council, to condemn, take and use any land that 
it may deem necessary thereto, whether the same be situate within or without its 
corporate limits, or it may purchase or lease the same ; and it may likewise con- 
demn, purchase or lease any stream of running water for the purpose of empty- 
ing therein the sewerage from its sewer pipes, conduits, drains or chambers; 
and for this purpose, when the owner or owners of land, or of any running 
streafti of water, refuses or fails to sell or lease the same, such City or Town 
Council shall have the right to have the compensation therefor ascertained in 
the following manner: Such City or Town Council shall select one member of 
a Board of Arbitrators, the owner of the land or stream one member (and when 
the owner is a corporation, then its president or secretary shall make the selec- 
tion), and these two shall select a third, which shall compose said Board, and all 
of whom shall possess the qualifications of jurors in the Courts of Record in this 
State. Said Board shall fully inform itself with regard to all the facts relating 
to the controversy, and shall hear the parties thereto, in their own behalf, or by 
attorney, and shall then forthwith render its findings of the amount of compen- 
sation in writing, and file the same in the office of the Clerk of Court of General 
Sessions and Common Pleas in the county where the land is situate, who shall 
receive and record the same, and make therefor a charge of not exceeding two 
dollars. From the award so rendered it shall be the right of either party to 
appeal to the first term of the Circuit Court next ensuing in the county giving 
to the opposite party ten days ' notice of such intended appeal, with the grounds 
thereof ; and upon the hearing of such appeal, an issue shall be ordered, in which 
the appellant shall be the actor, and the question of compensation shall be there- 



§ 5135 Civil Code 236« 

upon submitted to a jury in open Court, whose verdict shall he final and con- 
clusive, unless a new trial shall he ordered hy the Supreme Court. But in no 
case of appeal shall the progress of the work be stayed : Provided, The corpor- 
ation requiring the use of the property shall deposit with the Clerk of the Court 
the amount of the award from which the appeal is taken : Provided, That if 
any person shall fail to select or secure some suitable person to act on said 
Board, for a period of three days after receiving notice from such City or Town 
Council so to do, such City or Town Council shall have the right to request 
some disinterested citizen to select a member of the Board of Arbitrators for 
such landowner, and on his doing so, these two shall proceed to select the third, 
and the said Board shall be thus composed. In case the owner of any such land 
is legally disqualified from acting for himself or herself, such City or Town 
Council may have a guardian ad litem appointed for such person in the same 
manner that guardians ad litem are appointed in actions in the Court of Com- 
mon Pleas, who shall act for such person fully as he or she might if legally 
qualified. On the payment by the City or Town Council of the compensation 
thus ascertained, it shall have the right to enter upon and use such premises for 
all proper and necessary purposes connected with the enlarging, extending or 
establishment of its system of sewerage, and for the repairing, flushing, protect- 
ing or otherwise keeping the same in a sanitary, safe or satisfactory condition. 
Civ. C. '22, § 4446 ; Civ. C. '12, § 3023 ; 1902, XXIII, 1040. 

§ 5135. Municipal or Other Corporation Instituting Condemnation Pro- 
ceedings to Either Pay Award or Pay Expenses of Owner — Liquidation of 
Expenses. — Every municipality, or other corporation, upon which the power 
of eminent domain has been or may hereafter be conferred, shall be required, 
whenever it institutes condemnation proceedings against any property, to either 
take the property and pay therefor the amount of the award iu such proceed- 
ings as finally established, or to pay to the owners of the property sought to be 
condemned all expenses incurred by them in connection with such proceedings, 
including a reasonable attorney's fee, which expenses and fee shall be ascertained 
by a reference of the question of the amount of such expenses and fee to the 
Master in counties where the office of Master is established, and to a Keferee 
appointed by the Court in other counties, which reference shall be ordered on 
motion in the proceedings at any time after the expiration of thirty (30), days 
after the award has been finally rendered and remains unpaid. The finding of 
the Master or Referee as to the amount of fees and costs and expenses, when 
confirmed by the Circuit Court, shall constitute a judgment against the cor- 
poration or municipality instituting the condemnation proceedings, and may 
be entered in the office of the Clerk of Court, enrolled and enforced as other 
judgments of the Common Pleas Courts. 

1924, XXXIII, 1107. 

§ 5136. Use of Streets and Highways for Sewerage Purposes— Regulations. 

— Any municipal corporation in this State, for the purpose of enlarging, ex- 
tending or establishing a system of sewerage, as aforesaid, shall have the right 
to use any of the streets of such municipal corporation, and any of the public 
buildings, roads and highways of the county in which the same is located for 
the purpose of constructing, operating, repairing and protecting the same ; but 
it shall restore all highways to as good a condition as they were in prior thereto 
without any unnecessary delay and with the least possible inconvenience to the 
public. And it shall have the right to enact all necessary ordinances, rules and 
regulations consistent with law for the establishment, construction, maintenance, 



2369 CmL Code § 5137 

operation, protection, use, control and repairing its system of sewerage, both 
within and without its corporate limits. 

Civ. C. '22, § 4447 ; Civ. C. '12, § 3024 ; 1902, XXIII, 1040. 

§ 5137. Cities and Towns May Furnish Light and Water Beyond City 
Limits. — All cities and towns in this State owning water and light plants 
are hereby authorized and empowered, through the proper officials of the 
said city or town, to enter into contract with persons, firms or corporations 
without the incorporate limits but contiguous thereto, to furnish said persons, 
firm or corporation electric current or water from said water and light plant of 
said city, and to furnish the same upon such terms, rates and charges as may be 
fixed by the contract or agreement between the parties in this behalf, either for 
lighting or for manufacturing purposes, when in the judgment of said City or 
Town Council it is for the best interest of the municipality so to do. 

No such contract shall be for a longer period than two years, but may be 
renewed from time to time for a like period. 

Civ. C. '22, § 4448 ; Civ. C. '12, § 3025 ; 1907, XXV, 625 ; 1904, XXIV, 403. 

§ 5138. Municipalities to Provide Drains for Surface Water. — Whenever 

within the boundaries of any municipality, it shall be necessary or 
desirable to carry off the surface water from any street, alley or other public 
thoroughfare, over the private lands, property adjacent or adjoining such 
thoroughfare, upon demand from the owner or owners thereof, such municipality 
shall provide sufficient drainage for such water through open or covered drains 
except where the formation of the street renders it impracticable, along or un- 
der such streets, alleys or other thoroughfare in such manner as to prevent the 
passage of such water over such private lands or property : Provided, That if such 
drains cannot be had along or under such streets, alleys or other thoroughfare, 
then the municipal authorities shall have the power and authority to obtain under 
proper proceedings for condemnation as for highways on payment of damages 
to the landowner, a right of way through the lands of such landowners for the 
necessary drains for such drainage. That if any municipal corporation in this 
State shall fail or refuse to carry out the provisions of this Section, any person 
injured thereby may have and maintain an action against such municipality for 
the actual damage sustained by such person. 

Civ. C. '22, § 4449; Civ. C. '12, § 3026; 1902, XXIII, 1038. 

§ 5139. Municipal Corporations May Condemn Land for Waterworks and 
to Protect Water Sheds. — Any municipal corporation in this State desiring 
to establish waterworks or to enlarge or extend the same, whether they own or 
operate the plant or not, shall have the right to condemn lands, water rights 
and water privileges or any other property including existing waterworks or 
pipe lines, or any part thereof, necessary for the purpose of establishing, main- 
taining, extending or operating waterworks plants for supplying water to said 
municipal corporations, and to citizens thereof : Provided, That proper compensa- 
tion be first made to the owners thereof, such condemnation to be made in the same 
manner as condemnations are now made by railroad corporations: Provided, 
further, That no municipality shall condemn any such waterworks during the 
life of any franchise granted by such municipality for the operation of such 
waterworks, and while the same are being operated under such franchise, nor 
when by contract there shall be any other method of valuation for the purpose 
of acquisition by such municipality upon the expiration of such franchise : Pro- 
vided, further, That such condemnation proceedings may be had during the 



§ 5140 Civil Code 2370 

last year of the term of sucli franchise to take effect by the transfer of title and 
possession immediately upon the expiration of such franchise. They shall also 
have the right to enter upon and condemn lands and tenements for the purpose 
of protecting the water sheds from contamination, nuisances or any conditions 
which may be a menace to the public health, upon proper compensation being 
first made to the owner thereof. 

Civ. G. '22, § 4450; Civ. C. '12, § 3027; 1905, XXIV, 867; 1914, XXVIII, 499; 1916, 
XXIX, 941. 

§ 5140. Water Companies Have Right to Condemn Land for Waterworks, 
Etc. — Any other corporation now engaged exclusively in the business of sup- 
plying water for fire, sanitary or domestic purposes in this State, or which 
may extend to engage exclusively in the business of suppljdng water for such 
purposes, shall have the same rights and same powers as are herein conferred 
upon municipal corporations in Section 5139. 

Civ. C. 22, § 4451 ; Civ. C. '12, § 3028 ; 1905, XXIV, 867. 

§ 5141. Damages for Land Condemned — Land Must Be Necessary. — When 

any lands are condemned by a municipal corporation for the use of a corporation 
other than itself, such other corporation shall pay all the costs and expenses 
incurred in such condemnation, together with all damages which may be 
assessed in favor of the landowner under such condemnation proceedings, as 
well as all damages that may be recovered against such municipality in any 
Court of competent jurisdiction by any one injured or damaged by such 
condemnation : Provided, however, That if in any case the ingress or egress from 
the lands of any person be cut off, said corporations shall open, construct and 
maintain convenient means of ingress and egress to the lands so cut off : Pro- 
vided^ further. That no such condemnation shall be had for benefit of any 
corporation unless it is made to appear to the satisfaction of the Town or City 
Council of the municipal corporation that the land sought to be condemned is 
necessary for the proper use and maintenance of such waterworks or for the 
proper protection of the health of the citizens of such municipality, the Town 
or City Council of such municipality to determine the question as to whether such 
land is necessary for the proper use and maintenance of such waterworks or 
for the proper protection of the health of such municipality. 
Civ. C. '22, § 4452 ; Civ. C. '12, § 3029 ; 1905, XXIV, 867. 

§ 5142. Condemnation to Be Made in Same Manner as for Railroads. — 

The condemnation therefor to be made in the same manner and same way as 
provided for railroad corporations, in Chapter 66 of this Code: Provided, The 
jury of condemnation shall have the power to give special damages to the 
owner of the property condemned, as well as actual damages. 
Civ. C. '22, § 4453 ; Civ. C. '12, § 3030 ; 1905, XXIV, 867. 

§ 5143. Who May Not Serve on Condemnation Jury— Election. — In all 

condemnation proceedings no person living in the city or town affected shall 
be eligible to serve on the Jury of Condemnation : Provided, That proceedings to 
condemn existing waterworks shall not be instituted until after an election 
ordered by the City Council upon thirty days ' notice shall have determined, by 
a majority of the qualified electors of the city, the policy of the city in favor of 
municipal ownership of waterworks. 
Civ. C. '22, § 4454 ; 1916, XXIX, 941. 

§ 5144. Municipal Corporations May Purchase Lands for Use of Corpora- 
tion. — ATiy municipal corporation desiring to become the owner of any land. 



2371 Civil Code § 5145 

situated within the corporate limits of such municipal corporation, in 
this State, for the erection of a public building, for the use of the corpor- 
ation, or the purpose of procuring a supply of water or establishing a sewerage 
system or other public works, for the use of the corporation, shall have the 
right to purchase said land from the owner or owners thereof, and pay for the 
same in such manner as said municipal corporation may determine. 
Civ. C. '22, § 4455 ; Civ. C. '12, § 3032 ; 1907, XXV, 640. 

§ 5145. Condemnation on Refusal to Sell Municipal Corporation the Land 
Desired. — In case the owner or owners of any land desired by a municipal 
corporation for the above purposes shall refuse to sell the same, it shall and 
may be lawful for said municipal corporation to condemn said land in the 
manner hereinafter provided. 

Civ. C. '22, § 4456 ; Civ. C. '12, § 3038 ; 1907, XXV, 640. 

§ 5146. Municipalities Can Condemn Land for Cemetery Purposes. — Any 

City or Town Council empowered to own, operate and develop cemeteries is 
hereby authorized and empowered to condemn, take and use any land that it 
may deem necessary, whether the same be situated within or without its 
Corporate limits; that such condemnation be had and done in the same manner 
as is provided in Sections 5144 to 5154, both inclusive, Code of Laws of South 
Carolina. 

1928, XXXV, 1247. 

§ 5147. Fire Alarm Boxes to Be Installed in Hospitals and Public Schools — 
Inspection — Penalty. — Each hospital operating over ten beds located in towns 
and cities hereinafter set forth and all public schools located in any town or 
city in this State in which said town or city there is a General Fire Alarm 
Station, and an electrically operated fire alarm system, shall be equipped with 
a fire alarm box of the type and character used in said city or town, to be located 
on the premises at such place as the chief of the fire department may direct, 
and when such box is installed by such hospital or public school the municipal 
authorities shall connect said box with the general fire alarm system and shall 
thereafter maintain said box in good repair, and authority is hereby given said 
municipal authorities or their agents to enter every such hospital or school at 
any reasonable time for the purpose of inspecting and repairing any such box. 
The failure to install and equip any hospital or public school, as aforesaid, 
shall be a misdemeanor and punishable by a fine of not less than fifty ($50.00) 
dollars and not more than one hundred ($100.00) dollars, or by imprisonment 
for a period of not less than ten days and not more "than thirty days at the 
discretion of the Court. 

1926, XXXIV, 944. 

§ 5148. Valuation of Land — ^How Made. — In case any owner or owners of 
the lot or lands desired for the purpose aforesaid shall demand what may be 
deemed by the said authorities an unreasonable price, then the said authorities 
shall nominate and appoint six freeholders, resident in said city or town, who 
shall meet any equal number to be named on the part of the owner or owners, 
to determine and fix upon the true and real value of such land, and any 
damages thereto by reason of the taking of said property, with full power in the 
Commissioners appointed as aforesaid, in ease of disagreement, to call in one other 
Commissioner. In determining the value of the land so taken, the Commis- 
sioners shall estimate alone the quantity and value of the land so taken, and 
the special damage to the property which the owner may sustain by reason of the 



§ 5149 CmL Code 2372 

taking, but shall make no allowance to the corporation for the supposed benefits 
accruing to the owner of the property. And on the payment of the full value 
of said land, and such special damages aforesaid, ascertained and determined 
on in the manner herein provided, the fee simple of the said lot or lands shall be 
vested in such city or town for the use of the public, and the said owner shall 
execute his deed, without warranty therefor, to said city or town. 
Civ. C. '22, § 4457 ; Civ. C. '12, § 3034 ; 1907, XXV, 640. 

§ 5149. Appeal from Valuation May Be Made to Circuit Court. — In case 
any owner, or said corporation, shall be dissatisfied with the valuation of said 
lands, or such special damages aforesaid, either party shall have the right of 
appeal to the Circuit Court of the county where the land lies, by giving a 
notice in writing to the opposite party, or their attorneys, within ten days 
after written notice of the valuation and assessment of damages, and at the 
next term of the Court of Common Pleas for said county either party shall 
have the right to move for a trial by jury in the Circuit Court, and said case 
shall be tried, as near as may be, like other civil cases, the appellant being the 
actor. The verdict of said jury shall be final, unless a new trial is granted by 
the Circuit Judge for some reason now provided by law, and after final judgment 
in such case, the fee simple of said land shall be vested in said city or town 
upon the payment, or tender of payment, of the amount of such valuation and 
damages, and said owner shall thereupon execute his deed in fee simple, without 
warranty, for said land so condemned. 

Civ. C. '22, § 4458; Civ. C. '12, § 3035; 1907, XXA^ 640. 

§ 5150. Clerk of Court May Execute Deed. — In all cases where, under 
the last preceding Section, the owner is required to execute his deed to said 
city or town, and shall fail or neglect so to do, then the Clerk of the Court of 
Common Pleas for the county in which said land is situated shall, on behalf of 
said owner, execute a deed, without warranty, for said land to said city or town, 
which said deed shall as effectively bind said owner and his and her heirs and 
assigns as though executed by said owner. And said deed, and all proceedings 
had in such matter, shall be recorded by the Register of Mesne Conveyances, or 
the Clerk of the Court, in the books wherein real estate deeds are by law required 
to be recorded. But this shall not require the proceedings of the Court to be 
recorded, but such proceedings shall be recorded as are all other civil cases. 

Civ. C. 22, § 4459; Civ. C. '12, § 3036; 1907, XXV, 640. 

§ 5151. Landowner to Be Summoned. — The Mayor or Intendant of such 
city or town shall call a meeting of the said owner or owners of any property 
so required at some proper time and place by the service of a notice, as sum- 
mons are now required to be served, for the purpose of appointing said Commis- 
sioners ; in case the owner or owners refuse to attend said meeting, or neglect or 
fail to appoint said Commissioners, then the Commissioners appointed by the 
city or town on its behalf, or a majority of them, shall be, and they are hereby, 
authorized to proceed to discharge the duties herein prescribed, and their judg- 
ment in the matter shall be final and conclusive, except in case of appeal as 
herein prescribed. 

Civ. C. '22, § 4460; Civ. C. '12, § 3037; 1907, XXV, 640. 

§ 5152. Guardian Ad Litem in Case of Person Under Disability. — When 
the owner, on any one of several owners, of the land is an infant, or non compos 
mentis, the required notice shall be served personally upon the trustee guardian 
or committee of such person, and personally on such owner, and if there be no 



2373 Civil Code § 5153 

such trustee, guardian or committee in the State, the Clerk of the Court of 
Common Pleas shall have the power to appoint such person a guardian ad litem, 
upon whom the service shall be made, and who shall represent the interest of 
such infant, or person Tion compos mentis; said appointment shall be made by 
said Clerk in the manner now provided by law for the appointment of guardians 
ad litem in civil actions. If any owner of the land shall reside beyond this State, 
or his or her place of residence be unknown, the service shall be made upon the 
agent of such owner in charge of said lands, or if there be no such agent, then 
such owner shall be served by publication of the notice, as is now provided for 
publishing summons in civil cases. 

Civ. C. '22, § 4461; Civ. C. '12, § 3038; 1907, XXV, 640. 

§ 5153. Proceeding Not to Be Suspended by an Appjeal. — ^When the Com- 
missioners shall have assessed said lands, and damages therefor, the proceedings 
shall not be suspended by an appeal, but upon depositing the amount of such 
award with the Clerk of the Court of Common Pleas in the county in which the 
land lies, and filing a good and sufficient bond to pay whatever damages the 
owner of said land may suffer by reason of the taking of such land, for the 
purpose aforesaid, upon paying said money and executing the bond herein 
provided for. 

Civ. C. '22, § 4462 ; Civ. C. '12, § 3039 ; 1907, XXV, 640. 

(§ 5154. Oath of Commissioners. — The aforesaid Commissioners, before pro- 
ceeding to act in the premises, shall severally make oath before the Clerk of the 
Court, or some other officer authorized to administer an oath, that they will 
fairly, faithfully and impartially discharge the duties herein required of them. 

Civ. C. '22, § 4463; Civ. C. '12, § 3040; 1907, XXV, 640. 

§ 5155. Power of Towns to Hold Property. — All towns in this State may 
own and possess property, real, personal or mixed, not exceeding in value eight 
per centum of the assessed value of the taxable property in said towns, notwith- 
standing any special provision in their respective charters to the contrary. 
Civ. C. '22, § 4464; Civ. C. '12, § 3041; Civ. C. '02, § 2014; 1897, XXII, 464. 

§ 5156. Issuance of Bonds for Certain Purposes by Cities, Towns, Town- 
ships, and Other Municipalities. — Any city, town or township, or other munici- 
pal corporation, for the purpose of refunding or paying the whole or any part 
of its bonded indebtedness, whether the same has matured or not, and any un- 
paid past interest thereon, shall be, and is hereby, authorized and empowered 
to issue its negotiable coupon bonds from time to time, and in such amounts as 
shall be proper, and to use and dispose of the same, either by sale or exchange, 
for the purposes aforesaid. Said bonds issued under the provisions of this 
Article shall be payable in not more than fifty years from their date, and shall 
be in sums of one hundred dollars, five hundred dollars, or one thousand dollars, 
each bearing interest at such rate as shall be directed by the City Council or Town 
Council, or other corporate authority of said cities, towns, townships, or other 
municipal corporation, respectively; said interest to be paid semi-annually: 
Provided, Said rate of interest shall not exceed the rate of interest borne by the 
previous issue of bonds; except that in cases where the City Council, Town 
Council, or other corporate authority of said cities, towns, townships, or other 
municipal corporations, respectively, shall be able to retire such previous issue 
of bonds in advance of the maturity thereof, at or below their par value, the 
new bonds issued for such purpose may be made to bear a rate of interest in 
excess of the rate borne by the original issue of bonds by one per cent, per 



§ 5157 Civil Code 2374 

annum, in the discretion of the Mayor or Aldermen of such city or town, or 
other corporate authority of said cities, towns, townships, or other municipal 
corporations, respectively; but in no case shall the amount of interest to be 
paid exceed the aggregate amount of interest payable upon the bonds of the 
previous issue so redeemed, retired, taken up and refunded or paid: And pro- 
vided, further, That the aggregate amount of the principal of the bonds at any 
time issued under this Article by any city, town, township, or other municipal 
corporation, shall not exceed the aggregate amount of said bonded indebtedness, 
and past due interest thereon, to refund or pay which said bonds shall be issued 
under this Article : And provided, further, That the principal and interest shall 
be paid in any legal tender money of the United States : And provided, further, 
That the limitations as to the rate of interest shall not apply to a bond issue of 
the Town of Darlington for refunding fifty thousand ($50,000.00) dollars bonds 
which matured May, 1920, so that said town may refund said bonds at a higher 
rate of interest than the previous issue bore. 

Civ. C. '22, § 4465 ; Civ. C. '12 § 3042 ; Civ. C. '02, § 2015 ; 1896, XXII, 86 ; 1897, XXII, 
406; 1899, XXIII, 71; 1908, XXV, 1027; 1921, XXXII, 219. 

§ 5157. Bonds — How Issued. — The bonds authorized to be issued under 
Section 5156 may be issued without submitting the question as to the creation of 
such bonded indebtedness to the qualified electors of such city, town or other 
municipal corporation issuing such bonds under said Section, and all provisions 
in any charter of any city, town or other municipal corporation requiring such 
submission to the qualified voters thereof be, and the same are hereby, repealed. 

Civ. C. 22, § 4466 ; Civ. C. '12, § 3043 ; Civ. C. '02, § 2016 ; 1896, XXII, 87. 

§ 5158. Tax for Payment of Bonds. — The City Council or Town Council 
or other corporate authorities of said cities, towns, townships, or other municipal 
corporations, respectively, are hereby authorized and empowered to levy an 
annual tax on all taxable property of said cities, towns, or other municipal 
corporations, respectively, to provide for the payment of the principal and 
interest of the said bonds as the same shall become due. 

Civ. C. '22, § 4467; Civ. C. '12, § 3044; Civ. C. '02, § 2017; 1896, XXII, 87. 

§ 5159. Powers of Council to Make Coupons Receivable for Taxes — Man- 
damus for Issuance'. — The City Council or Town Council or other corporate 
authorities of such city or town, township or other municipal corporation, respec- 
tively, who may issue bonds under the terms of this Article shall have authority 
to provide in any ordinance adopted requiring or permitting the issuing of said 
bonds that the coupons and principal on said bonds, or either, shall be re- 
ceivable for taxes due to the city, town, township or other municipal corpora- 
tion, respectively, issuing the said bonds during the year in which they mature, 
and shall further have authority to declare by such ordinance that in case of 
the neglect or failure of the City Council or Town Council or other municipal 
authority, respectively, to levy the taxes required by this Article to be levied 
to provide for the payment of the principal and interest of said bond, then the 
holder or holders of any of the said bonds or coupons may enforce the same by 
mandamus in any of the Courts of this State. 

Civ. C. '22, § 4468 ; Civ. C. '12, § 3045 ; Civ. C. '02, § 2018 ; 1896, XXII, 87. 

§ 5160. Corporate Authorities to Issue Bonds. — For the purpose of issuing 
the bonds provided for in Sections 5156, 5157, 5158 and 5159, the County Boards 
of Commissioners of the counties of the State, or such other officers as may here- 
after be charged with the performance of the s»me duty, shall be, and they are 



2375 GiyiL Code § 5161 

hereby declared to be, the proper corporate authority for the townships of their 
respective counties to issue such bonds; except that in cases where an incor- 
porated city or town is within a township, the said County Board of Commis- 
sioners, or other officer hereafter charged with the performance of the same duty, 
and the City Council or Town Council, as the case may be, shall, and they are 
hereby declared to be, the proper corporate authority of the township to issue 
such bonds. 

Civ. C. '22, § 4469 ; Civ. C. '12, § 3046 ; Civ. C. '02, § 2019 ; 1896, XXII, 87 ; 1902, XXIIl, 
1016. 

§ 5161. Provisions Made to Apply to Counties Also.— All the provisions of 
Sections 5156, 5157, 5158 and 5159 are hereby extended to and made applica- 
ble to counties, and to the County Boards of Commissioners thereof, the same 
as they apply to municipal corporations and to the authorities thereof: Pro- 
vided, That when county bonds are issued under the provisions hereof, after 
the issues shall have been authorized by a resolution of the County Board of 
Commissioners, entered in the minutes of said Board, it shall not be necessary 
for the members of said Board to sign bonds, but the signature of the County 
Supervisor thereto shall.be sufficient. 

Civ. C. '22, § 4470; Civ. C. '12, § 3047; Civ. C. '02, § 2020; 1899, XXIII, 73. 

§ 5162. School Districts Included — Provisions. — The words ''other munic- 
ipal corporations" used in Section 5156 shall be held and deemed to include any 
School District of this State, and the Trustees of the School Districts shall 
be the corporate agents thereof for the purposes of said Section and of Sections 
5157, 5158, 5159, 5160 and 5161. 

Civ. C. '22, § 4471 ; Civ. C. '12, § 3048 ; 1902, XXIII, 1046. 

§ 5163. Provisions Not to Affect Certain County Bonds. — The provisions 
of Sections 5157 to 5161, both inclusive, shall in no wise affect the Acts hereto- 
fore passed, authorizing and empowering the several counties of the State, or 
any of them, to issue bonds for the purpose of refunding or paying in whole or 
in part, , any indebtedness, whether bonded or otherwise of any of the said 
counties. 

Civ. C. '22, § 4472; Civ. C. '12, § 3049; 1902, XXIII, 1046. ■ ' 

§ 5164. Special Electiooas as to Issue of Municipal Bonds for Certain. 
Purposes. — It shall be the duty of the municipal authorities of any incorporated 
city or town in this State, upon a petition of a majority of the freeholders of 
said city or town, as shown by its tax books, to order a special election in any 
such city or town for the purpose of issuing bonds for the purchasing, repairing 
or improving of city or town hall, or park or grounds therefor, markets and 
guardhouse; enlarging, extending or establishing electric light plants or other 
lights, or waterworks or sewerage; erecting, repairing or altering school build- 
ings, fire protection purposes, improvement of streets and sidewalks, or any 
corporate purposes set forth in said petition: Provided, That in exercising the 
powers conferred by this Section and other Sections authorizing the issuance 
of bonds, the city or town shall observe the limitations applicable to such city 
or town, imposed by the Constitution of South Carolina, upon the amount of 
bonded indebtedness of cities and towns: That in submitting to the qualified 
electors of any city or town the question of incurring a bonded indebtedness, 
notice of the election shall be deemed sufficiently given if there be published 
twice in a newspaper printed in such city or town, once at least twenty (20) 
days before the election and once within the period of fifteen (15) days before 



§ 5165 Civil Code 2376 

the election a notice stating the day of election and the amount or maximum 
amount and the purpose or purposes of the bonds proposed to be issued: Pro- 
vided, That if there be no newspaper printed in such city or town, such notice 
shall be published in the same manner in some newspaper printed in the county 
or else posted in at least five conspicuous places in such city or town not less 
than twenty (20) days before such election. Provided, further^ That the bonded 
indebtedness of the City of Georgetown shall not exceed fifteen (15%) per 
cent, of the taxable value of the property of said city. Provided, That where 
the City of Sumter now and hereafter paves the streets of the city in order to 
connect the present paved streets with the paved county roads and the said 
paved streets pass and abut property not available for residential or business 
property by reason of lack of drainage or other reason, the City Council may 
pay four-fifths of the costs for paving such street and assess the abutting prop- 
erty one-fifth of the costs of such paving. Provided, further, That if by reason 
of drainage, or for other reasons, the said property shall become available for 
residence or business property, the City Council shall levy assessments on said 
abutting property for the remainder of the time that the bonds issued for pay- 
ing for said paving have still to run, so that such property shall be assessed and 
the owners thereof shall pay an amount equal to one-half of the total costs of 
such paving. 

Civ. C. '22, § 4473; Civ. C. '12, § 3050; Civ. C. '02, § 2021; 1896, XXII, 88; 1897, 
XXII, 410, 453; 1908, XXV, 1038; 1911, XXVII, 10; 1914, XXVIII, 461; 1915, XXIX, 90; 
1917, XXX, 228; 1920, XXXI, 948, 1052, 1087, 1108; 1921, XXXII, 54, 84; 1922, XXXII, 
986; 1923, XXXIII, 186; 1924, XXXIII, 956; 1927, XXXV, 174. 

§ 5165. Persons Entitled to Vote. — Such persons shall be entitled to vote 
at any such special election as are qualified under Section 13, Article II of 
the Constitution of 1895 of this State; and should a majority of those voting 
m said election vote in favor of said bond issue then the municipal authorities 
of said city or town shall be authorized to issue said bonds, which shall be of 
such denomination and run for such length of time and bear such rate of 
interest, not exceeding seven per centum per annum, as the said municipal au- 
thorities shall prescribe. 

Civ. C. '22, § 4474 ; Civ. C. '12, § 3051 ; Civ. C. '02, § 2022 ; 1896, XXII, 88. 

§ 5166. Municipality May Collect Additional Tax— Bonds— Sinking Fund 
Limited. — The City or Town Council of any city or town issuing bonds under 
the provisions of Section 5164 is hereby authorized to assess, \q\\ and collect 
in addition to the annual tax, which it is authorized to \%yy for other purposes, 
a sufficient annual tax from the taxable property of such city or town to meet 
the interest to become due upon said bonds, and also to provide such part of 
the sinking fund in aid of the retirement and payment of said bonds, as it is 
advisable or necessary to provide annually therefor; said tax to be assessed, 
levied and collected in the same manner as other taxes in said city or town: 
Provided, The amount set apart as a sinking fund annually shall not exceed 
the necessary fractional amount to provide for an aggregate sum sufficient for 
the retirement of the said bonds on their maturity, and the tax levy therefor 
shall conform to this provision. 

Civ. C. '22, § 4475; 1915, XXIX, 151. 

§ 5167. Bonds of Municipal Corporations to Fund Past Indebtedness — 
Maturity.- Every city and town in this State is hereby authorized to issue 
its bonds for the purpose of funding or extending the time of payment of any 
indebtedness of such city or town now outstanding, incurred for corporate or 



2377 Civil Code § 5168 

municipal purposes: Provided, however^ That this Section shall not be con- 
strued as authorizing the funding of an indebtedness incurred in violation of 
the provisions of the Constitution of South Carolina, or incurred for the current 
expenses of the fiscal year in which the date of approval of this Section by the 
Governor shall fall. Bonds issued under this Section shall be issued in the 
manner provided by Section 5156, except that the bonds shall not run for 
more than twenty (20) years. 

Civ. C. '22, § 4476; 1920, XXXI, 901. 

§ 5168. Mxmicipal Corporations May Issue Certificates of Stock for Cou- 
pon Bonds. — The city authorities of any incorporated city or town of this 
State shall be, and are hereby, authorized and empowered to exchange certificates 
of stock for any coupon bonds which have heretofore been issued by said cities 
or towns, or which they may hereafter issue, by virtue of Sections 5117, 5156, 
5164 and 5165, for the like amount on cancellation of said bonds with like 
amount, rate of interest, time of maturity with legal validity and liability when 
issued by said cities and towns, as said coupon bonds, and said cities and towns 
be authorized and empowered to issue certificates of stock when desired by the 
purchasers of coupon bonds, in lieu of said coupon bonds, and register all such 
certificates of stock in the names of the holders in a book or books kept for the 
purpose, and on such terms as said corporate authorities may require, not in- 
consistent with law. 

Civ. C. '22, § 4477 ; Civ. C. '12, § 3052 ; 1908, XXV, 1025. 

§ 5169. Reports of Obligations Issued by Counties, Cities, School Districts, 
Etc. — On or before May 1st, one thousand nine hundred and twenty-seven, 
it shall be the duty of every Board, Commission, Bureau or other authorized 
issuing body or office of every county, township, city, town, school district 
and other political subdivision in the State of South Carolina which has hereto- 
fore issued obligations maturing more than one year from date of issue and 
which is still unpaid in whole or in part, to file with the Comptroller General 
a statement giving the amount thereof, the date of issue, the time or times 
of maturity of principal and of interest payable thereon, the rate of interest 
borne, the place or places at which principal and interest are payable, the 
denominations of the obligations and the purpose of issuance and the amount 
of sinking fund in hand for the retirement of such obligations and how invested; 
such statement shall also state what officer, board or body is authorized to levy 
taxes to pay such obligations and what officer is entrusted with the duty of 
paying the same and shall give a reference to the law under which said obliga- 
tions were issued. 

1927, XXXV, 260. 

§ 5170. Reports of Obligations to be Issued. — ^Within thirty days after 
any obligations maturing more than one year from date of issue shall here- 
after be issued by any aforesaid political subdivision, the said Board, Commis- 
sion, Bureau or other authorized issuing body or officer shall file with the 
Comptroller General a like statement as to such obligations. 

1927, XXXV, 260. 

§ 5171. Blank Forms. — It shall be the duty of the Comptroller General to 
prepare and furnish to the Board, Commission, Bureau and other authorized 
issuing body or officer of each of the aforesaid political subdivisions of the 
State blank forms upon which such statements may be made, and to keep such 



§ 5172 Civil Code 2378 

statements made under this Article in a proper file, properly indexed, or to 
record the same in book form to be kept by the Comptroller General. 
1927, XXXV, 260. 

§ 5172. Comptroller General to Give Notification of ObU^tions to be Met 
in the Following Year. — It shall be the further duty of the Comptroller Gen- 
eral to mail to each of the taxing authorities, or their recording officer, of all 
political subdivisions as to which statements have been so filed, at least thirty 
days before the time for the levy of taxes in each year, a statement of the 
amount to be provided by taxation or otherwise, for the payment of interest 
and principal due upon such obligations within the following year, as well 
as the amount to be so provided for a sinking fund in case no part of the 
principal of such obligations shall fall due within the following year, and at 
the same time to direct the attention of such officials to Section 5173 and to 
enclose a copy of said Section 5173, or a copy of Sections 5169 to 5179. 

1927, XXXV, 260. 

§ 5173. Penalty for Failure to Provide Payment of Obligations. — If any 

taxing authorities so notified by the Comptroller General shall fail or refuse 
to make the necessary provision for pajTnent of interest or principal or sinking 
fund of any obligation by the levy of taxes or otherwise, at or before the time 
provided for such tax levy, any individual officer who constitutes such taxing 
authority and any member of a Board or Body composing such taxing author- 
ities who shall be present at the time for such levy and shall not have there 
voted in favor thereof, or who shall not there have caused his request that such 
provision be made to be recorded in the minutes of the meeting, shall be subject 
to a penalty of two hundred ($200.00) dollars which he shall forfeit and pay 
to any taxpayer or to any holder of such obligations who may sue for the same. 
1927, XXXV, 260. 

§ 5174. Misappropriation a Misdemeanor.^ — ^Any member of any Board or 
Body who shall vote for the payment or appropriation of money raised by taxa- 
tion or otherwise for the payment of principal or interest of said obligations or 
sinking fund for any other purpose until all of such obligations shall have been 
paid, and any disbursing officer who shall pay out any of such money other- 
wise than to the payment of such obligations until all thereof shall have been 
paid, whether or not such appropriation or payment shall have been ordered 
by any officer, board or body, shall be guilty of a misdemeanor and shall be 
punished by imprisonment for a term of not less than thirty (30) days and 
not more than one (1) year, and a fine of not less than two hundred ($200.00) 
doUars and not more than five hundred ($500.00) dollars, either or both within 
the discretion of the Court. 

1927, XXXV, 260. 

§ 5175. Comptroller General to Give Notification of Time and Place and 
Amount of Payments. — It shall be the further duty of the Comptroller Gen- 
eral to mail to each disbursing officer of each political subdi%nsion having out- 
standing obligations as to which statements have been filed under Sections 5169 
to 5179, at least thirty (30) days before the time fixed in such obligations for 
the payment of the principal or interest thereupon, giving the amount of such 
required payment and the place at which the same is to be paid, with a brief 
description of the obligations upon which such pajTuent is to be made, and to 
call the attention of such disbursing officer to the provisions of Section 5176 
and to enclose a copy of said Section 5176 or of Sections 5169 to 5179. 

1927, XXXV, 260. 



2379 Civil Code §5^176 

§ 5176. Failure to Make Payment or Remit Funds for Payment a Mis- 
demeanor. — li. any disbursing officer shall fail or refuse to make payment of 
any obligations when they shall fall due, at his office, or shall fail or refuse to 
remit funds for such payment to the agreed place for payment in sufficient time 
for such payment, funds for such payment being "in his hands, whether or not 
such payments or remission for payment shall have been ordered by any board 
or officer, the disbursing officer so failing or refusing shall be deemed guilty of 
a misdemeanor and upon conviction thereof shall be punished by imprisonment 
for a term of not less than thirty (30) days and not more than (1) year, and 
a fine of not less than two hundred ($200.00) dollars and not more than five 
hundred ($500.00) dollars, either or both within the discretion of the Court: 
Provided, however, That nothing contained herein shall be construed to impose 
any penalty upon any officer wjio, after due diligence, is unable to secure the 
information necessary to make a report as provided in this Section, in regard 
to any bonds issued prior to the passage of this Section. 

1927, XXXV, 263. 

§ 5177. Annual Statement of Oblig-ations of Political Subdivisions. — The 

Comptroller General shall publish as a part of his annual report a statement of 
the obligations of all political subdivisions with substantially the details herein 
required for report of such obligations by the issuing authorities. He shall 
publish, county by county, giving all bonds of every kind, city, county, town- 
ship and school districts of each and every county in the State, showing 
the bonded indebtedness in each. He shall give also the amount of the State 
bonded indebtedness, 
1927, XXXV, 263. 

§ 5178. Violations to be Reported to Solicitor. — It shall be the duty of 
the Comptroller General to report to the Attorney General and Solicitors for 
investigation and action thereon, any violation of Sections 5169 to 5179 which 
may come to his attention. 

1927, XXXV, 268. 

§ 5179. Publication of These Sections.— Sections 5169 to 5179 shall 
be immediately published and a copy of same shall be mailed immediately 
upon publication by the Secretary of State to the Clerk of each city, town 
and school district within this State, and the Clerk of each Board of County 
Commissioners or Board of Highway Commissioners or other board function- 
ing in respect of county affairs, and to the recording officer of all other 
boards or bodies and to all officers empowered by law to issue the obligations 
of political subdivisions. 

1927, XXXV, 260. 

§ 5180. Bond Issues of Counties, Etc., Required to be Payable Serially — 
Provisos — Section Inapplicable in Greenville and Laurens Counties. — No State, 
county, or other subdivision of the State authorized under the law or 
hereafter to be authorized to issue bonds shall issue any bonds other than serial 
bonds: Provided, however. That the foregoing shall not apply to bond issues 
where the total amount of such issue does not exceed twenty thousand 
($20,000.00) dollars: And provided, further. That the first bonds to mature 
may be allowed to mature five years from the date of issue : Provided, further, 
That the provisions of Sections 5180 and 5181 shall not affect or apply to bonds 
issued to refund a debt contracted prior to the passage of Sections 5180 and 



§ 5181 Civil Code 2380 

5181: Provided, further, That this Section shall not apply to Greenville and 
Laurens Counties or any political subdivisions hereof. 
1927, XXXV, 263. 

§ 5181. Retirement of Bonds — Reimbursement Bonds — Certain Counties 
Exempted. — All serial bonds issued by such subdivisions shall be retired in 
annual amounts equal to not less than two and one-half per cent. (214) of the 
principal sum : Provided^ That counties, individually or in group, issuing bonds 
for highway purposes pursuant to reimbursement agreement with the State 
Highway Commission, may provide for retirement of said bonds in such manner 
as may be consistent with the provisions of the respective reimbursement agree- 
ments : Provided, further^ That the provisions of these Sections 5180 and 5181 
shall not apply to the Counties of York, Horry, Lexington, Colleton, Marion, 
Oconee, Hampton, Kershaw, McCormick, Anderson, and Greenwood, or any 
political subdivisions thereof: Provided, further. That the provisions of these 
Sections 5180 and 5181 shall not apply to Lancaster County or any subdivision 
thereof. 

1927, XXXV, 263. 

§ 5182. Causes of Action for Damages From Defects in Streets, Misman' 
agement, Etc. — Any person who shall receive bodily injury, or damages in 
his person or property, through a defect in any street, causeway, bridge or 
public way, or by reason of defect or mismanagement of anything under control 
of the corporation within the limits of any town or city, may recover, in an 
action against the same, the amount of actual damages sustained by him by 
reason thereof. If any such defect in a street, causeway or bridge existed before 
such injury or damage occurred, such damage shall not be recovered by the 
person so injured if his load exceed the ordinary weight: Provided, The said 
corporation shall not be liable unless such defect was occasioned by its neglect 
or mismanagement : Provided, further. Such person has not in any way brought 
about any such injury or damage by his or her own negligent act or negligently 
contributed thereto. 

Civ. C. 22, § 4478 ; Civ. C. '12, § 3053 ; Civ. C. '02, § 2023 ; R. S. 1582 ; 1892, XX, 91, 
102; 1901, XXIII, 657. 

§ 5183. Laying Certain Pipes for Water Supply— Approval of County 
Authorities — ^Repair. — Any municipal corporation of this State having power 
to construct and operate a plant for water supply, or any individual or private 
corporation contemplating the laying of pipes for supplying water to municipal 
corporations or to a community of citizens, shall have authority to lay water 
pipes for the purpose of carrying water on or under the bed of any nontidal 
navigable stream of this State, and, with the approval of the county authorities 
in any county, on or under any highway of such county; such pipes to be so 
laid as not to interfere with the free use of such highway or the navigation 
of such streams by boats to the same extent that they would be navigable if 
such pipes were not laid. 

It shall be the duty of every such municipality, private corporation or person, 
having laid such pipes, to keep the same in repair. 

Civ. C. '22, § 4479; Civ. C. '12, § 3054; 1903, XXIV, 77. 

§ 5184. Public Libraries — Tax Levied. — Any county, township or munic- 
ipal corporation in the State of South Carolina may acquire, own, or operate 
a public library or public libraries, and a tax or taxes not exceeding two mills 



2381 Civil Code § 5185 

may be levied and collected for the support or acquisition of the same as herein- 
after provided. 

Civ. C. '22, § 4480; Civ, C. '12, § 3055; 1903, XXIV, 77; 1915, XXIX, 181. 

§ 5185. Petition — Election — Thirty Days' Notice — Ballots. — Whenever one- 
fourth of the qualified electors of any county or of any township of any county 
shall file with the Clerk of the Circuit Court of such county a petition praying 
for an election to be held in such county or township on the question of acquir- 
ing or establishing a public library or public libraries in such county or town- 
ship, as the case may be, and levying a tax not exceeding two mills for the 
acquisition or support of the same, it shall be the duty of said Clerk within 
ten days to make an order thereon and serve the same on the Commissioners 
of Election of the county requiring such Commissioners of Election to hold an 
election, after giving at least thirty days' notice thereof in the newspapers of 
such county or township, as the case may be, upon the questions stated in said 
petition not later than sixty days thereafter nor earlier than forty days there- 
after: Provided, If there be no newspaper published in said county or town- 
ship, as the case may be, then notice may be given by posting the same on the 
Court House door of the county and in two other public places in the county 
or township, as the case may be. Said petition shall be accompanied by a 
certificate of the Board of Supervisors of Registration of the county that the 
names appearing on the petition constitute one-fourth of the qualified registered 
electors of said county or township, as the case may be. Such question shall 
be submitted to the electors in this form: Each ballot shall have printed or 
written on it the proposition desired to be submitted by said petition, and upon 
this question the electors shall vote ''Yes" or "No." 

Civ. C. '22, § 4481 ; Civ. C. '12, § 3056 ; 1903, XXIV, 77 ; 1915, XXIX, 181. 

§ 5186. Library Trustees — ^Appointment — Number — Terms — Tax for Sup- 
port — Collection. — In the event a majority of the qualified electors voting 
at the election provided for in Section 5185 shall vote "Yes" upon such ques- 
tion, within ten days after such result may be determined, the County Board of 
Education shall appoint five competent citizens of the county or township, as 
the case may be, who shall be known as the County or Township Library Trus- 
tees. One of said Trustees shall hold office for the term of two years, one for 
the term of four years, one for the term of six years, one for the term of eight 
years, and one for the term of ten years, or until their successors shall be duly 
appointed and qualified. At the time of the appointment of said five Trustees, 
they shall determine their respective terms of office by lot. Such Library Trus- 
tees, after their appointment as aforesaid, shall furnish the County Auditor 
with a statement of the amount of the taxes, not exceeding two mills, they con- 
sider necessary to be levied for the purposes provided in the said election, and 
the Auditor shall enter the same in the tax duplicates and he shall thereafter 
annually enter said amount in the tax duplicates until the same is increased, 
decreased or repealed by the qualified electors at an election called for the 
purpose, and he is notified that the same has been increased, decreased or re- 
pealed, and if increased or decreased, he shall annually enter it as before, ac- 
cording to said increase or decrease. Said election upon increasing, decreasing 
or repealing said tax or taxes shall be called and notice given in the same way 
and manner as is provided for the election authorized in Section 5185, and it 
shall be the duty of the County Treasurer to collect the tax or taxes herein 
provided for as other county and State taxes. Such levy shall be a lien on the 
property in said county or township, as the case may be, and said property 



§ 5187 Civil Code 2382 

shall bie subject thereto iia case of default of payment as in the ease of other 
taxes. Such taxes shall be paid out by the County Treasurer upon warrant 
drawn by the Library Trustees of the county or township, as the case may be. 
Civ. C. '22, § 4482; 1915, XXIX, 181. 

§ 5187. Trustees May Take Over Public Libraries — Support. — The said 
County or Township Trustees, as the case may be, are authorized and empowered 
to accept or establish upon such terms as they deem right in the exercise of 
their discretion, any public library or public libraries, and, if accepted, to sup- 
port and maintain the same from the funds arising from the taxes hereinbefore 
provided for or any other funds that may come into their hands from any 
other source, and having been accepted or established, said library or libraries 
shall be managed or controlled by said County or Township Library Trustees, 
as the case may be, and it shall be lawful, and authority is hereby given, that 
any library or libraries in the State of South Carolina supported in whole or 
in part by public taxation be turned over and placed under the control of the 
Library Trustees provided for in Section 5186. 

Civ. C. '22, § 4483; 1915, XXIX, 181. 

§ 5188. Municipal Library Election — Notice — Ballots. — Whenever one- 
fourth of the freeholders of any municipal corporation in the State of South 
Carolina shall file with the Town or City Council of such municipal corpora- 
tion a petition praying for an election to be held in said municipal corporation 
on the question of establishing or acquiring and operating a public library or 
public libraries in such municipal corporation and levying a tax not exceeding 
two mills for the support or acquisition of the same, it shall be the duty of 
said Town or City Council within ten days thereafter to order an election, 
after first giving at least thirty days ' notice thereof in some newspaper published 
in said municipal corporation, upon the question stated in said petition not 
later than sixty days thereafter nor earlier than forty days thereafter : Pro- 
vided, If no newspaper be published in said municipal corporation that notice 
may be given by posting the same in three public places in said municipal cor- 
poration: Provided, further, That before ordering said election it shall be the 
duty of the Town or City Council to ascertain to their satisfaction that said 
petition actually does contain the names of one-fourth of the freeholders of 
said municipal corporation. Said question shall be submitted to the electors 
in this form: Each ballot shall have printed or written on it the proposition 
desired to be submitted by the said petition, and upon this question the electors 
shall vote "Yes" or ''No." 

Civ. C. '22, § 4484; 1915, XXIX, 181. 

§ 5189. If Favorable— Trustees Named— Council to Levy Tax— Collection 
— ^Disbursement. — In the event that a majority of the qualified electors voting 
at the election provided for in Section 5188 shall vote "Yes" upon such ques- 
tion, within ten days after the ascertainment of said result, it shall be the duty 
of the said Town or City Council to name five competent persons, citizens of 
said town or city, to be the Town or City Library Trustees. The term of office 
of such Trustees to be the same and to be determined in the same manner as is 
hereinbefore provided for County or Township Library Trustees. Within ten 
days after the appointment and qualification of said Trustees it shall be their 
duty to give notice to the Town or City Council of the amount of taxes, not 
exceeding two mills, they consider necessary to be levied for the purposes herein 
provided. And it shall be the duty of said Town or City Council annually 



2383 Civil Code § 5190 

each year thereafter to have levied and collected said tax or ta;xes until the 
same is increased, decreased or repealed by the qualified electors at an election 
called for that purpose, and if increased or decreased, they shall annually there-^ 
after levy and collect said increased or decreased tax or taxes in the same 
manner as the original tax, which election shall be called and notice given in 
the same way and manner as is provided for the election mentioned in Section 
5188. Such tax or taxes shall be collected in the same manner as other town 
or city taxes ; shall be a lien on property in the same manner as other town or 
city taxes, and said property shall be subject thereto in case of default of pay- 
inent as is the case with other town or city taxes. Said taxes so collected shall 
be paid out by the Town or City Treasurer, or such other officer as may be 
thereto authorized by the Town or City Council, upon warrants drawn by the 
Town or City Library Trustees. 

Civ. C. '22, § 4485 ; 1915, XXIX, ISl. 

§ 5190. Public Libraries Turned Over to Trustees — Support. — The said 
Town or City Library Trustees provided for in Section 5189 of this Article 
are authorized and empowered to accept or establish upon such terms as they 
deem right, in their discretion, any public library or public libraries, and, if 
accepted, to support and maintain the same from the tax or taxes provided for 
in Section 5189, or any other funds which may come into their hands from any 
other source, and having been accepted or established, said library or libraries 
shall be maintained and controlled by said Town or City Library Trustees, and 
it shall be lawful, and authority is hereby given, that any library or libraries 
in the State of South Carolina, supported in whole or in part by public taxation, 
be turned over and placed under the control of the Library Trustees provided 
for in Section 5189. 

Civ. C. '22, § 4486; 1915, XXIX, 181. 

§ 5191. Additional Tax.^ — The tax or taxes provided for in Section 5189 
of this Article may be levied and collected, in addition to the tax or taxes 
at present authorized in municipal corporations under the laws of the State of 
South Carolina. 

Civ. O. '22, § 4487; 1915, XXIX, 181. 

§ 5192. Location of Library. — No library or libraries established, operated 
or maintained under the provisions of this Article shall be located outside of 
the county, township or municipal corporation, as the case may be, in which 
the same has been authorized. 

Civ. C. '22, § 4488; 1915, XXIX, 181. 

§ 519S. Election Once in Twelve Months. — No election provided for in 
any Section of this Article shall be held oftener than once in twelve months, 
and in said elections none but qualified electors shall be allowed to vote. 

Civ. C. '22, § 4489; 1915, XXIX, 181. 

§ 5194. School Trustees Not Eligible. — No school trustee shall be appointed 
Library Trustee hereunder, but no person holding any other office in this State 
shall be thereby disqualified to serve as Library Trustee. 

Civ. C. '22, § 4490; 1915, XXIX, 181. 

§ 5195. (1.) Greenville County Library District Created.— A Library Dis- 
trict to be known as the "Greenville County Library District" is hereby 
created and established for public library service which district shall con- 
sist of the whole of Greenville County, except the area included in the cor- 
porate limits of the City of Greenville. 



§ 5195 (2) Civil Code 2384 

(2) May Contract with Greenville Public Library for Service. — In lieu 
of establishing and maintaining a county public library, as provided by Sec- 
tions 5184 to 5187, inclusive, of the Civil Code of South Carolina, Greenville 
County Library District as defined in Sub-section 1 of this Section, after an 
election held as hereinafter provided, may on such terms as may be agreed upon, 
contract with the Greenville Public Library for library service to the said Dis- 
trict. 

(3) Election on Contracting and Levying Tax. — Whenever one-fourth of 
the qualified electors of Greenville County Library District, as defined by Sub- 
section 1 of this Section shall file with the Clerk of the Circuit Court of Green- 
ville County, a petition praying for an election to be held in such District on 
the question of contracting with the Greenville Public Library for public library 
service and levying a tax, (the amount of which shall be stated in the petition) 
it shall be the duty of the said Clerk within ten days to make an order thereon 
and serve the same on the Commissioners of election of Greenville County re- 
quiring such Commissioners of election to hold an election, after giving at least 
thirty days' notice thereof, in the newspapers of said county, upon the ques- 
tion stated in said petition, not later than sixty days thereafter nor earlier 
than forty days thereafter: Provided, Said petition shall be accompanied by a 
certificate of the Board of Supervisors of Registration of Greenville County, 
that the names appearing on the petition constitute one-fourth of the registered 
qualified electors of Greenville County Library District. Such question shall be 
submitted to the electors in this form : Each ballot shall have printed on it the 
proposition desired to be submitted by said petition and upon this question the 
electors shall vote "Yes" or "No." 

(4) Appointment of Trustees — Terms — Powers and Duties. — In the event 
a majority of the qualified electors voting at the election provided for in Sub- 
section 3 of this Section shall vote "Yes" upon such question within ten days 
after such result may be determined, the Governor upon the recommendation 
of the County Board of Education for Greenville County, shall appoint five 
competent citizens of Greenville County Library District residing within the 
said Library District, who shall be known as "Greenville County Library Dis- 
trict Trustees." 

One of said Trustees shall hold office for a term of two years, one for a term 
of four years, one for a term of six years, one for a term of eight years, and 
one for a term of ten years, or until their successors shall be duly appointed 
and qualified. At the time of the appointment of said five Trustees, they shall 
determine their respective terms of office by lot. The said Library Trustees, 
after their appointment as aforesaid, shall furnish the Greenville County Audi- 
tor with a statement of the amount of taxes as stated on the ballot in the elec- 
tion held under the provisions of Sub-section 3 of this Section, to be levied 
for the purposes provided in said election, and the Auditor shall enter the same 
in the tax duplicates, and he shall thereafter enter said amount in the tax 
duplicates until the same is increased, decreased or repealed hy the qualified 
electors at an election called for the purpose, and he is notified the same has 
been increased, decreased, or repealed, and if increased or decreased, he shall 
annually enter it as before according to said increase or decrease. Said election 
upon increasing, decreasing or repealing said tax or taxes shall be called and 
notice given in the same way and manner as is provided for the election au- 
thorized in Sub-section 3 of this Section, and it shall be the duty of the Green- 
ville County Treasurer to collect the tax or taxes herein provided for, as other 



2385 Civil Code § 5196 

county and State taxes. Such levy shall be a lien upon the property of said 
county except that exempt under Sub-section 2 of this Section; the said prop- 
erty shall be subject thereto in case of default of payment as in the case of 
other taxes. Such taxes collected by the County Treasurer shall be paid over 
at the end of each quarter, beginning January, 1928, to the Treasurer of the 
Greenville Library District Trustees upon the receipt of said Trustees and 
shall be deposited by them to the credit of the Greenville Library District 
Trustees in any bank within Greenville County, which is used by the County 
Treasurer as a depository for general county funds, and shall be disbursed by 
the Treasurer of the Board of Trustees upon checks, drafts or warrants, signed 
by the Chairman and Treasurer and countersigned by the Secretary. It is 
further provided that the Greenville Library District Trustees shall furnish an 
audited quarterly report covering the use of the funds turned over to them 
during the preceding quarter before any additional payments shall be made 
by the County Treasurer to the Supervising Auditor of Greenville County. 

(5) Successive Elections. — No election provided for in this Section shall be 
held oftener than once in twelve months and in said election none but qualified 
electors residing within said District shall be allowed to vote. 

(6) Contracts. — The said Greenville County Library District Trustees ap- 
pointed in accordance with provisions in this Section shall represent the District 
in all matters pertaining to any contract or contracts for library purposes en- 
tered into in accordance with this Section, and shall have power under this 
Section to enter into and execute in the name and on behalf of the Greenville 
County Library District any such contract, contracts, renewals or modifications 
thereof. Provided, That the terms of such contract or contracts shall not ex- 
ceed ten years, and the Greenville County Library District Trustees, however, 
shall have the right at the expiration of any contract, to modify or renew the 
same from time to time for additional period or periods of not more than ten 
years each, or with the mutual consent of both parties to the contract in writ- 
ing, shall have the right during the term thereof to make any modifications or 
changes therein. 

(7) Trustees of Greenville Public Library Mat Contract. — The Trustees 
of the Greenville Public Library shall have full power on behalf of the Green- 
ville Public Library to contract with the said Greenville County Library Dis- 
trict Trustees for the extension of library service in the District as provided 
for in this Section. 

(8) Persons Disqualified to Act as Trustees. — No School Trustee or 
member of the County Board of Education shall be appointed Greenville County 
Library District Trustee hereunder. 

(9) Code Provisions Not Affected. — Nothing contained in this Section shall 
be construed to prevent the establishment of a County Library according to the 
method already provided by Sections 5184 to 5187, inclusive, of the Civil Code 
of South Carolina. 

1925, XXXIV, 176; 1928, XXXV, 1154. 

§ 5196. Mmiicipal Corporations May Own and Operate Rock Quarries — 
Police Jurisdiction. — All incorporated towns and cities are hereby authorized 
and empowered, in addition to the powers now conferred upon them by law, to 
own and operate rock quarries, for the purpose of improving roads, highways 



I 5197 CmL Code 2386 

and streets within their respective jurisdictions, and to work convicts in operate 
ing said rock quarries. 

_ The police jurisdiction and authority of such towns and cities shall extend 
over all prisoners in transit between said rock quarries and said cities and towns. 
' Civ. C. '22, § 4491 ; Civ. C. '12, § 3057 ; 1903, XXIV, 78. 

§ 5197. Cities and Towns May Pass Ordinances for Vaccination. — The 

City or Town Council of every incorporated city or town in this State may 
provide by ordinance for the vaccination and revaccination with fresh bovine 
virus under the direction of the health authorities of said cities or towns, or of 
some competent physician appointed for that purpose, of all the citizens and 
residents of such cities and towns, excepting such persons as obtained the certif- 
icate of a reputable physician that vaccination would be dangerous to health. 
Such ordinances shall establish the periods of time, satisfactory to the State 
Board of Health, within which vaccination and revaccination shall be required; 
shall provide for vaccination and revaccination of indigent and pauper in- 
dividuals at the expense of the city or town; and shall establish and provide 
penalties by quarantine and otherwise of such persons as are convicted of 
neglect or refusal to obey the provisions of such ordinances. 
Civ. C. '22, § 4492 ; Civ. C. '12, § 3058 ; 1905, XXIV, 869. 

§ 5198. Board of Health to Have General Supervision. — The State Board 
of Health shall have general direction and supervision of vaccination and re- 
vaccination in all cities and towns, and shall in case of threatened epidemic 
of smallpox in any such community, and of insufficient ordinances therein, re- 
quest the passage of the City or Town Council of a new ordinance framed in 
accordance with the provisions of Section 5197. The State Board of Health 
shall have full and absolute control in matters of vaccination and revaccination 
of all persons within this State, who do not reside within the limits or jurisdic- 
tion of any incorporated city or town, and shall promulgate rules and regular 
tions which shall have the force and effect of law for vaccination and revaccina- 
tion of such persons under the supervision and direction of agents appointed 
by the said Board, and which shall contain provisions similar to those of Sec- 
tion 5197 applying to ordinances, but such requirements may be modified by 
the State Board of Health in case of sparsely settled communities so as only to 
apply during apprehended danger of an epidemic of smallpox; and the neces- 
sary expense of such vaccination or revaccination shall be paid by the County 
Commissioners of the county within which the persons treated reside, and a 
bill or certificate of the services performed, endorsed and approved by the 
State Board of Health shall be prima facie evidence of the existence and value 
of such services. The State Board of Health shall at all times keep in stock a 
supply of fresh bovine virus and supply the same to cities, towns and in- 
dividuals without cost, that the charge for each vaccination under this Sec- 
tion shall not exceed ten cents. 

Civ. C. '22, § 4493 ; Civ. C. '12, § 3059 ; 1905, XXIV, 869. 

§ 5199. On Neglect of Cities, Board of Health May Pass Rules for Vac- 
cination. — If the City or Town Council of any incorporated city or town shall 
neglect or refuse to pass an ordinance in accordance with the provisions of 
Section 5197, it shall be the duty of the State Board of Health to promulgate 
rules and regulations for the vaccination of the citizens and residents. of such 
incorporated city or town, which rules and regulations shall have the force of 
an ordinance, and the State Board of Health shall have the power, and it is 



2387 Civil Code § 5200 

hereby made its duty, to enforce obedience to such rules and regulations by the 
promulgation and enforcement of proper quarantine regulations whenever the 
Board shall deem it necessary for the preservation of the public health from 
possible danger of a threatened epidemic of smallpox, at the cost and expense 
of such incorporated city or town. In case such incorporated city or town shall 
refuse or neglect to reimburse the State Board of Health for all of the costs, 
charges and expenses incurred under this Section, including the cost of any 
necessary quarantine, then the State Board of Health is hereby empowered to 
collect the same by suit in any Court of the State having jurisdiction, from 
such incorporated city or town, and a statement of such costs and expenses by 
the State Board of Health shall be prima facie evidence of the amount of said 
costs and expenses. 

Civ. C. '22, § 4494 ; Civ. C. '12, § 3060 ; 1905, XXIV, 869. 

§ 5200. Pupils to Be Vaccinated. — No superintendent of any institution 
of learning, and no School Board, or principal of any school in this State shall 
admit as a pupil any child or person who cannot produce satisfactory evidence 
of having been vaccinated so often as the ordinance of the city or town in 
which the school is located, or if not located within the city or town, so often 
as the rules and regulations of the State Board of Health may direct. 

Civ. C. '22, § 4495 ; Civ. C. '12, § 3061 ; 1905, XXIV, 869. 

§ 5201. Parents, Etc., to See That Children Are Vaccinated. — ^It is hereby 
made the duty of every parent, guardian or other person, charged with the 
care of or responsibility for any child, to see that such child is vaccinated so 
often as may be directed by ordinance of the incorporated city or town in which 
such child resides, or if not a resident of an incorporated city or town, so 
often as the rules and regulations of the State Board of Health may direct. 

Civ. C. '22, § 4496; Civ. C. '12, § 3062; 1905, XXIV, 869. 

§ 5202. Police May Arrest Within One Mile of Corporate Limits. — The 

police authorities of all towns and cities of this State are hereby authorized 
and empowered to make arrests of all offenders against the municipal ordinances 
and statutes of this State committed within the corporate limits at any place 
within a radius of one mile of the corporate liinits, with or without a warrant, 
when such police authorities are in pursuit of such offender. 
Civ. C. '22, § 4497 ; Civ. C. '12, § 3063 ; 1908, XXV, 1089. 

§ 5203. Cities and Towns May Require Certain Articles Weighed on Pub- 
lic Scales. — The municipal authorities of cities and towns of this State are 
hereby empowered to require all dealers and sellers of coal, coke, un- 
baled hay, cattle, cotton seed, or other articles of like nature and character, 
sold in bulk, by weight, and sold within the limits of any city or town to have 
the same weighed upon the public scales within such city or town, and to im- 
pose a charge therefor of not more than ten cents for each draft, one-half to 
be paid by the seller, and one-half to be paid by the buyer. Said municipal 
authorities may enforce provisions of this Section by such fine and imprison- 
ment as may now or hereafter be prescribed by law for the violation of the 
ordinance of the city or town : Provided, That the provisions of this Section 
shall apply only to Chester and Florence Counties. 

Civ. C. '22, § 4498; Civ. C. '12, § 3064; 1910, XXVI, 620; 1917, XXX, 215. 

§ 5204. Municipal Authorities May Purchase Land For Streets. — When- 
ever the Mayor and Aldermen of any city or the Intendant and Wardens of any 



§ 5205 €iviL Code 2388 

town in this State shall think it expedient to widen, open, lay out, extend or 
establish any street, alley, road, court or lane, they shall have power to pur- 
chase the lot, lots or parts of lots of land necessary for such street, alley, lane, 
road or court, and the fee simple of said land shall be vested ia said city or 
town for the use of the pubUc from the day of the deed of sale. 

Civ. C. '22, § 4499; Civ. C. '12, § 3065; Civ. C. '02, § 1396; R. S. 1181; 1884, XYIII, 
781; 1905, XXIY, 964. 

j§ 5205. Proceedings on Refusal of Owner to Sell — Appeal by Owner. — ^In 

case any owner or owners of said lot or lots of land as aforesaid shall refuse 
to sell the same, or shall demand what may be deemed by the said authorities 
an unreasonable price, then the said authorities shall notify such owners that 
the land is required for street purposes and that application will be made to 
the Clerk of Court of Common Pleas for the drawing of a jury in condemna- 
tion to determine and fix upon the true and real value of such land, and any 
damage thereto, by reason of the opening, widening or extension of such high- 
way; due regard being had, in assessing such damages, to any increased value 
of such lot, lots or parts of lots, hy reason of the opening, widening or extension 
of such highway. And on the pajnnent of the full value of said lot or lots, 
and such special damages aforesaid, ascertained and determined on in the man- 
ner above provided, the fee simple of the said lot, lots or parts of lots, shall 
be vested in such city or town for the use of the public, and the said owner 
shall execute his deed, without warranty therefor, accordingly to said city or 
town. In case any owner shall be dissatisfied with the valuation of his lot 
or lots, or such special damages aforesaid, it shall and may be lawful for either 
party to appeal from the same upon giving notice of such appeal to the Mayor 
and Aldermen, or Intendant and Wardens, of such city or town, within ten 
days from the time of his receiving a notification of such valuation and assess- 
ment of damages, to the Court of Common Pleas for the county in which said 
lands may be at the next session thereafter : and the said Court shall order a 
new valuation and assessment of damages, or either, in such particular case, 
to be made by a jury, who shall be charged therewith in the same or some 
subsequent term, and their verdict shall be final and conclusive unless a new 
trial be granted, and after judgment in such case the fee simple of said lot or 
lots, or parts of lots, shall be vested in such city or town, upon the pajnnent, 
or tender of payment, of the amount of such valuation and damages, and the 
said owner shall thereupon execute his quitclaim deed therefor accordingly to 
said city or town. After tender of the amount found by the Commissioners for 
compensation and damages, the pending of an appeal either in the Circuit or 
the Supreme Court shall not operate to stay the opening, widening or exten- 
sion of said street; but the acceptance of the amount tendered shall operate as 
an abandonment of the appeal. 

Civ. C. '22, § 4500; Civ. C. '12, § 3066; Civ. C. '02, § 1397; R. S. 1182, 1183; 1884, 
XVIII, 782; 1925, XXXIV, 103. 

§ 5206. Clerk of Cotirt to Execute Deed When Owner Fails— Deeds and 
Proceedings Recorded. — In all cases where under the last preceding Section 
the owner is required to execute his deed to said city or town, and shall fail 
or neglect so to do, then the Clerk of the Court of Common Pleas for the 
county in which said city or town is situated shall on behalf of said owner 
execute a deed without warranty therefor to said city or town, which said deed 
shall as effectually bind said owner and his or her heirs and assigns as though 
executed by said owner. And said deed and aU proceedings had in such matter, 



2389 Civil Code § 5207 

except proceedings in Court, shall be recorded by the Register of Mesne Con^ 
veyajices of said county in the books wherein conveyances of real estate in said 
county are required by law to be recorded. 

Civ. C. '22, § 4501 ; Civ. C. '12, § 3067 ; Civ. O. '02, § 1398 ; R. S. 1184 ; 1884, XVIII, 782. 

§ 5207. Clerk of Court of Common Pleas to Draw Jury. — ^Upon ten days' 

notice from such municipal authorities, the Clerk of Court of Common Pleas 

shall draw in the usual manner of drawing juries, a panel of twenty jurors, 

qualified electors of a municipality, from which panel each of the parties shall 

have the right of peremptory challenge as to four, and the remaining twelve 

shall constitute the Condemnation Jury, and shall be notified by the Clerk of 

Court and entered as a part of the permanent records of his office. 

Civ. C. '22, § 4502; Civ. C. '12, § 3068; Civ. C. '02, § 1399; R. S. 1185; 1884, XVIII, 782; 
1925, XXXIV, 103. 

§ 5208. Service of Notice, Where Owners Are Infants, Lunatics, or Non- 
residents. — When the owner, or any one of several owners, of the lands is 
an infant or non compos mentis, the required notice shall be served personally 
upon the trustee, guardian, or committee of such person, and personally on 
such owner; and if there be no such trustee, guardian or committee, the Clerk 
of the Court of Common Pleas shall have power, and is hereby authorized, to 
appoint for such person a guardian ad litem, upon whom the service shall be 
made, and who shall represent the interest of such infant or person non compos 
mentis. Said Clerk shall pursue in all respects the mode now provided by 
law for the appointment of guardians ad litem for infants and persons non 
compos mentis. If any owner of the lands shall reside beyond the State, or 
his or her place of residence be unknown, the service shall be made upon the 
agent of such owner in charge of such land, or if there be no such agent, then 
such owner shall be served by publication as in civil actions. 

Civ. C. '22, § 4503 ; Civ. C. '12, § 3069 ; Civ. C. '02, § 1400 ; R. S. 1186 ; 1884, XVIII. 783. 

§ 5209. Oath of Condemnation Jury. — The aforesaid Condemnation Jury, 
before proceeding to act in the premises, shall be regularly sworn by the Clerk of 
Court that they will faithfully and impartially discharge the duties herein re- 
quired of them. 

Civ. C. '22, § 4504; Civ. C. '12, § 3070; Civ. C. '02, § 1401; R. S. 1187; 1884, XVIII, 
783; 1925, XXXIV, 103. 

§ 5210. Twenty-five Hundred Dollar Licenses Authorized in Cities of Forty 

I Thousand Inhabitants. — Cities of over forty thousand (40,000) inhabitants are 

L hereby authorized to require the payment of such sum or sums of money, 

■ not exceeding twenty-five hundred ($2500.00) dollars for license or licenses, 

as in their judgment be just and wise, by any person or persons or corporations 

engaged, or intended to engage, in any calling, business or profession, in 

whole or in part, within the limits of said cities, except those engaged in the 

calling or profession of teachers and ministers of the gospel: Provided, That 

whenever the amount of the license shall in any case exceed one thousand 

($1,000.00) dollars, the concurrence of two-thirds of the whole Council and 

Mayor shall be necessary in the passage of any ordinance requiring the same. 

Civ. C. '22, § 4505 ; Civ. C. '12, § 3071 ; 1904, XXIV, 396. 

iH § 5211. Cities and Towns May Assess Abutting Property for Permanent 
Street Improvements. — Any or all incorporated cities and towns of this State 

I are hereby authorized and empowered to provide by ordinance foi' the pay- 
ment of the cost of the permanent improvements of their streets 



§ 5212 Civil Code 2390 

and sidewalks by levying upon the owners of property immediately abutting 
on the streets and sidewalks, or parts of either, so improved an assessment in 
proportion to the frontage only of such property on such streets or sidewalks, 
or parts of either, so improved of not exceeding in the aggregate one-half of 
the cost of such improvements: Provided, That no assessment shall be so laid 
upon the abutting property owners until such improvements have been ordered 
pursuant to such ordinance upon the written consent, signed and filed with 
the City or Town Clerk, of not less than two-thirds in number of the owners 
of the property abutting upon street, sidewalk, or part of either, proposed to 
be improved, and provision made for the payment by the corporate authorities of 
said city or town of not less than one-half of the costs of such improvement; 
times and terms of payment and rates of interest on deferred payments of 
assessments by such property owners shall be such as may be prescribed by 
ordinance. 

Civ. C. '22, § 4506; 1915, XXIX, 250; 1919, XXXI, 140. 

§ 5212. Use of Funds. — The amounts of money raised by such assessments, 
together with the amounts added thereto by the city or town authorities from 
the city or town treasury, shall constitute and be kept as a separate fund, to be 
used only for the purpose for which it was raised and appropriated. 

Civ. C. '22, § 4507; 1919, XXXI, 140. 

§ 5213. Assessments a Lien — Enforcement and Collection. — The assess- 
ments so laid shall constitute and be a lien upon the property so assessed, and 
payment thereof may be enforced as the payment of city or town taxes is en- 
forced : Provided, Such assessments be entered in a book kept by the City 
or Town Clerk, to be entitled "Assessment Liens," stating the names of the 
owners, the location of the property and the amount of the assessment and the 
time or times of payment : And provided^ further^ That such lien shall continue 
from the date of entry on such book until the expiration of five years from the 
date when final payment is due and payable, unless sooner paid. Upon default 
in the payment of any installment or deferred portion of any assessments, at 
the time and in accordance with the terms and conditions fixed by ordinance, the 
total amount of any such assessment then unpaid (including deferred install- 
ments or payments and interest) shall immediately become due and collectible 
as city or town taxes are collected, and with such penalties and costs as are now 
provided for the payment of such taxes. 

Civ. C. '22, § 4508; 1919, XXXI, 140. 

§ 5214. Entry of Satisfaction Upon Payment. — It shall by ordinance be 
made the duty of the City or town Clerk to make entry of satisfaction on such 
' ' Assessment Liens ' ' book as soon as full payment is made, and the lien shall be 
thereby extinguished. 

Civ. C. '22, § 4509; 1919, XXXI, 140. 

§ 5215. Issue, Sale and Pledge of Certificates of Indebtedness. — The City 
or Town Councils of said cities and towns are authorized and empowered to 
issue certificates of indebtedness showing the amounts of money due to such 
cities or towns by property owners as deferred payments or installments upon 
such assessments, and to sell any of such certificates of indebtedness or to 
borrow money by pledging any of them as collateral security for the payment of 
such debt or debts, and in either event of sale or collateral pledge of such 
certificates, or any of them, to pledge the faith and credit of such cities or 
towns for the payment thereof, and to guarantee the payment of same for and in 



I 



2391 Civil Code § 5216 

the name of such cities or towns: Provided, Nothing herein shall be construed 
as prohibiting the issuance of bonds or other general obligations of a city or 
town for the purpose of paying the whole or any part of the cost of permanent 
improvements for which special assessments have been or are to be levied under 
this Section and remain uncollected Provided, That it shall not be necessary for a 
separate certificate of indebtedness to be issued showing the amount due from 
each property owner, but said certificates may be issued in denominations of one 
hundred ($100.00) dollars, or any multiple thereof. Provided^ further, That 
it shall not be necessary for the maturities of said certificates of indebtedness 
to correspond exactly to the maturities of the deferred payments or installments 
of the assessments, and said certificates may be issued having fixed dates 
of maturities ; but, in the event of payment of the assessments before the 
maturity of the certificates, the amount of such assessments so paid shall be 
placed in a sinking fund and held solely for the payment of the certificates 
of indebtedness issued against them. : 

Civ. C. '22, § 4510; 1919, XXXI, 140; 1923, XXXIII, 206; 1926, XXXIV, 1031. 

§ 5216. Cities and Towns May Require Notice of Transfer of Property 
Under Lien. — Such cities or towns may, by ordinance, require the grantor and 
grantee, or grantors and grantees, of any property, or part of same, sold or 
transferred after such assessment has been laid thereon, and before such assess- 
ment lien has been extinguished, as provided herein, to file in writing with the 
City or Town Clerk, within ten (10) days after every such sale or transfer, the 
name of such grantor and grantee, or grantors and grantees, and accurate 
description of the property sold or transferred and the date of sale or transfer. 

Civ. C. '22, § 4511; 1919, XXXI, 140. 

§ 5217. Assessments on Abutting Property in Town of Saluda. — The pro- 
visions of Sections 5211 through 5216, inclusive, are hereby declared applicable to 
and operative in the Town of Saluda, in Saluda County, South Carolina, with- 
out the holding of an election as provided for in Section 5218. 

1930, XXXVI, 1324. 

§ 5218. Provided Not Effective in Any City or Town Until Adopted at 
Election. — The provisions of Sections 5211 to 5216, both inclusive, shall 
not apply or become operative in any city or town until submitted to the 
qualified electors thereof by the City or Town Council for approval, and a 
majority of the qualified electors voting on the question of its approval vote in 
favor thereof at any general municipal election or at any special municipal 
election (whether called and held for that purpose only or not) when the 
question of the said approval of said Sections is submitted and voted on 
separately and the ballots thereon deposited in a separate box properly labeled 
and provided for that purpose : Provided, That such election shall not be 
necessary in the case of the City of Georgetown, which may by ordinance of 
the City Council adopt the provisions of Sections 5211 to 5216 both inclusive, at 
any time after the taking effect of this amendatory Section : Provided, however, 
That the provisions of this Section not apply to the Town of Woodruff, in 
Spartanburg County, nor to the Town of Kingstree in "Williamsburg County. The 
Town Council of the Town of Allendale, Allendale County, South Carolina, is 
hereby authorized to issue and sell paving certificates in accordance with the pro- 
visions of Sections 5211 to 5216, inclusive, for the purpose of paving the following 
streets and sidewalks, to wit: All streets and sidewalks in the space included 
between the eastern boundary of W. H. Hardin's property on Main Street; 



§ 5219 Civil Code 2392 

thence westerly along Main Street to a point which includes its entire inter- 
sections with Railroad Avenue, and thence in a north-westerly direction to a 
point including the entire intersection of Railroad Avenue with Memorial 
Avenue. The provisions and requirements of Section 5218 are hereby declared 
inapplicable to the above described paving project, and no election shall be 
necessary therefor. 

The Town Council of the Town of Honea Path, Anderson County, South 
Carolina, is hereby authorized to issue and sell permanent improvement certifi- 
cates in accordance with the provisions of Sections 5211 to 5218, inclusive, for 
the purpose of making permanent improvements of certain streets of said town. 
The provisions and requirements of Sections 5211 to 5218, inclusive, are hereby 
declared inapplicable to the above-described permanent improvement project, 
and no election shall be necessary therefor. 

Civ. C. '22, § 4512; 1919, XXXI, 140; 1922, XXXII, 974; 1925, XXXIV, 281; 1926, 
XXXIV, 1028; 1929, XXXVI, 624. 

§ 5219. Not to Apply to Certain Cities and Towns. — The provisions of 
Sections 5211 to 5218, inclusive, shall not apply to any city or incorporated 
town which has heretofore under special Constitutional amendments and Acts in 
pursuance thereof provided for the issue of bonds and assessment of abutting 
property for permanent street improvement. 

Civ. C. '22, § 4513; 1919, XXXI, 140. 

§ 5220. Town Can Review Plans of State Highway Department Where 
Work to be Performed Within its Limits — Work Already Started — Claims to 
be Filed. — Any town of this State within the limits of which work may be 
performed by the State Highway Department shall have the right, through its 
Mayor and Council, to review the plans of the said Department before the 
work is initiated, and no such work shall be undertaken by the said Department 
unless the proposed grade elevations, cross sections and provisions for drainage 
are acceptable to the said town authorities. In the case of work that has already 
been performed, or that may be performed hereafter, the town authorities shall, 
if any such town has been damaged by any work done within its limits, file a 
claim for such damages within ninety (90) days after the approval of this Section, 
and if such claim is not so filed they shall be presumed to have given their 
consent in the absence of any records to the contrary. 

1930, XXXVI, 1321. 

§ 5221. Towns Responsible for Property Damages. — Wherever any State 
Highway, including bridges, trestles and culverts thereon, has been or may 
hereafter be constructed or improved by the State Highway Department within 
the limits of any incorporated town of this State, the responsibility and liability 
for damages to property resulting from the said improvement, whether such 
property lies within or without the corporate limits of the town concerned, shall 
rest upon the town, and the State Highway Department is hereby relieved of all 
such responsibility on account of property damages incident to the improvement 
of State Highways within the limits of incorporated towns. 

1930, XXXVI, 1321. 

§ 5222. Carriers of Passengers, Etc., Subject to License Only in Munici- 
pality Where Principal Place of Business Located. — Any person, firm or cor- 
poration who shall have paid a license or occupation tax in the city, town or 
county where their principal place of business is situated for the purpose of 
conducting the business of transporting passengers or baggage for hire by means 



2393 Civil Code § 5223 

of carriages, hacks, omnibuses, drays or motor vehicles, shall be exempt from 
the payment of any license or occupation, or license tax in any other county, 
city or town, to which or from which the said passengers and baggage are 
transported; and a license issued by or an occupation tax paid to any county, 
city or town within the State by a person, firm or corporation engaged in any of 
the businesses mentioned herein shall be good in every county, city or town 
within the State. Provided, however, That nothing contained herein shall permit 
the carrying on of the business herein exempted within any incorporated town 
or city, or within any other county, except the town, county or city in which 
the license is obtained, or tax paid; except for the purpose of taking on and 
discharging passengers and baggage which is destined for another town, city or 
county ; and shall apply to interurban business only. 
1924, XXXIII, 985. 

§ 5223. Certain Miuiicipalities Authorized to Create Tree and Park Recrea- 
tion Boards. — Any municipality in this State having population of more than 
thirty-five thousand (35,000) and less than forty-five thousand (45,000) ac- 
cording to the United States Census of 1920, is hereby authorized and em- 
powered to establish and create by ordinance a Tree and Park Recreation Board 
having such members, rights, powers and duties as the City Council of any 
such city may by ordinance define and establish. 

1930, XXXVI, 1326. 

§ 5224. Municipalities May Make Regulations as to Public Parks Outside 
Limits — Eifect — Penalties. — Municipalities are hereby empowered to make, 
ordain and establish all necessary and proper rules and police regulations for 
the protection of property and the preservation of peace, order and propriety 
of conduct in all public parks owned and maintained by any such municipality, 
whether situated wholly within or wholly without, or partly within and partly 
without the corporate limits of such municipality, which rules and regulations 
shall have, within the limits of any such parks, like force and effect as though 
such parks were situated wholly within the corporate limits of such municipality ; 
and such municipalities may prescribe punishment by imprisonment for a 
period not exceeding thirty days, or a fine not exceeding one hundred dollars, for 
violation of any such rules and regulations. 

1924, XXXIII, 1079. 

§ 5225. Municipal Courts to Have Jurisdiction of Violations — ^Arrests. — 

The municipal courts of such municipalities shall have jurisdiction of all offenses 
against such rules and regulations, and all offenders against same shall be 
subject to arrest and detention by the police officers of such municipalities in the 
same manner and to the same extent as in cases of violation of municipal 
ordinances within the corporate limits of such municipalities. 
1924, XXXIII, 1079. 

§ 5226, Approval By Eng^eer of Maps and Plats of Sub-Divisions Near 
Large Cities. — ^It shall be unlawful to sell and convey lots or parcels of real 
estate where the same has been sub-divided into lots and streets, unless and un- 
til a map or plat has been approved by the City Engineer of the city constitut- 
ing the county seat, in the county in which said lot or parcel is located, and 
until such map, with the approval of said City Engineer, has been duly recorded 
in the office of the Clerk of the Court of Common Pleas and General Sessions 
or of the Register of Mesne Conveyances for said county in which it is located : 
Provided, That such map and plat and such approval shall not be necessary 



§ 5227 Civil Code 2394 

except where the lot or parcel of real estate is situated within five miles of a 
city having a population of thirty-five thousand people, or more : Provided, 
further, That if the City Engineer shall disapprove the plans submitted to him 
or if his ruling shall be unsatisfactory to those persons submitting the same, an 
appeal may be had to the City Council or other governing board of the city. 
1928, XXXV, 1242. 

§ 5227. Municipalities May Regulate Construction, etc., of Buildings and 
Use of Premises — Thickness of Walls. — For the purpose of promoting health, 
safety, morals, or the general welfare of the community, the legislative body of 
cities and incorporated villages is hereby empowered by ordinance to regulate 
and restrict the height, number of stories and size of buildings and other 
structures, the percentage of lot that may be occupied, the size of yards, courts 
and other open spaces, the density of population, and the location and use of 
buildings, structures and land for trade, industry, residence or other purposes. 
No city or village shall pass an ordinance regulating the thickness of walls of 
buildings which conflicts with the laws of South Carolina. 

1924, XXXIII, 1066. 

§ 5228. Division of City into Districts. — For any or all of said purposes 
the local legislative body may divide the municipality into districts of such 
number, shape and area as may be deemed best suited to carry out the purposes 
of Sections 5227 to 5235 ; and within such districts it may regulate and 
restrict the erection, construction, reconstruction, alteration, repair or use of 
buildings, structures, or land. All such regulations shall be uniform for each 
class or kind of buildings throughout each district, but the regulations in one 
district may differ from those in other districts. 

1924, XXXIII, 1066. 

§ 5229. City Plan — ^Design — Purpose. — Such regulations shall be made in 
accordance with a comprehensive plan, and designed to lessen congestion in the 
streets; to secure safety from fire, panic and other dangers; to promote health 
and the general welfare; to provide adequate light and air; to prevent the 
overcrowding of land ; to avoid undue concentration of population ; to facilitate 
the adequate provisions of transportation, water, sewerage, schools, parks and 
other public requirements. Such regulations shall be made with reasonable 
consideration, among other things, to the character of the district and its peculiar 
suitability for particular uses, and with a view of conserving the value of build- 
ings and encouraging the most appropriate use of land throughout such munici- 
pality. 

1924, XXXIII, 1066. 

§ 5230. Manner of Adopting Regulations — Hearings — Notice. — The legis- 
lative body of such municipality shall provide for the manner in which such 
regulations and restrictions and the boundaries of such districts shall be de- 
termined, established and enforced, and from time to time amended, supplement- 
ed or changed. However, no such regulation, restriction or boundary shall be- 
come effective until after a public hearing in relation thereto, at which parties in 
interest and citizens shall have an opportunity to be heard. At least fifteen 
days' notice of the time and place of such hearing shall be published in an 
official paper, or a paper of general circulation, in such municipality, 

1924, XXXIII, 1066. 



2395 Civil Code § 5231 

§ 5231. Amendment of Regulations— Protests. — Sucli regulations, restric- 
tions and boundaries may from time to time be amended, supplemented, changed, 
modified or repealed. In case, however, of a protest against such change 
signed by the owners of twenty per cent, or more either of the area of the lots 
included in such proposed change, or of those immediately adjacent in the rear 
thereof, or of those directly opposite thereto, such amendment shall not become 
effective except by the favorable vote of three-fourths of all the members of the 
legislative body of such municipality. The provisions of the previous Section 
relative to public hearings and official notice shall apply equally to all changes 
or amendments. 

1924, XXXIII, 1066. 

§ 5232. Zoning Commissions — Reports. — In order to avail itself of the 
powers conferred by Sections 5227 to 5235, such legislative body shall 
appoint a commission to be known as the Zoning Commission to recommend the 
boundaries of the various original districts and appropriate regulations to be 
enforced therein. Such commission shall make a preliminary report and hold 
public hearings thereon before submitting its final report, and such legislative 
body shall not hold its public hearing or take action until it has received the 
final report of such commission. Where a city plan commission already exists, 
it niay be appointed as the Zoning Commission. 

1924, XXXIII, 1066. 

§ 5233. Board of Adjustment — Exceptions to Regulations — Meetings of 
Board — ^Minutes — Appeals to Board — Powers of Boards — Review by Courts. — 

Such local legislative body may provide for the appointment of a Board of 
Adjustment, and in the regulations and restrictions adopted pursuant to the 
authority of Sections 5227 to 5235 may provide that the said Board of Adjust- 
ment may, in appropriate cases and subject to appropriate conditions and safe- 
guards, make special exceptions to the terms of the ordinance in harmony with its 
general purpose and intent and in accordance with general or specific rules 
therein contained. The Board of Adjustment shall consist of five members, 
each to be appointed for a term of three years and removable for cause by the 
appointing authority, upon written charges and after public hearing. Vacancies 
shall be filled for the unexpired term of any member whose term becomes vacant. 
The Board shall adopt rules in accordance with the provisions of any ordinance 
adopted pursuant to Sections 5227 to 5235. Meetings of the Board shall be held at 
the call of the chairman and at such other times as the Board may determine. 
Such chairman, or in his absence, the acting chairman, may administer oaths 
and compel the attendance of witnesses. All meetings of the Board shall be 
open to the public. The Board shall keep minutes of its proceedings, showing 
the vote of each member upon each question, or if absent or failing to vote, 
indicating such fact, and shall keep records of its examinations and other 
official actions, all of which shall be immediately filed in the office of the Board 
and shall be a public record. Appeals to the Board of Adjustment may be 
taken by any person aggrieved or by any officer, department, board or bureau or 
the municipality affected by any decision of the administrative officer. Such 
appeal shall be taken within a reasonable time as provided by the rules of the 
Board by filing with the officer from whom the appeal is taken and with the 
Board of Adjustment a notice of appeal specifying the grounds thereof. The 
officer from whom the appeal is taken shall forthwith transmit to the Board all 
the papers constituting the record upon which the action appealed from was 
taken. An appeal stays all proceedings in furtherance of the action appealed 



§ 5233 Civil Code 2396 

from unless the officer from whom the appeal is taken certifies to the Board 
of Adjustment after the notice of appeal shall have been filed with him that 
by reason of facts stated in the certificate a stay would in his opinion cause 
imminent peril to life or property. In such cases proceedings shall not be stayed 
otherwise than by a restraining order which may be granted by the Board of 
Adjustment or by a court of record on application on notice to the officer from 
whom the appeal is taken and on due cause shown. The Board of Adjustment 
shall fix a reasonable time for the hearing of the appeal, gives public notice 
thereof, as well as due notice to the parties in interest, and decide the same 
within a reasonable time. Upon the hearing any party may appear in person 
or by agent or by attorney. 

The Board of Adjustment shall have the following powers: 

(1) To hear and decide appeals where it is alleged there is error in any 
order, requirement, decision or determination made by an administrative official 
in the enforcement of Sections 5227 to 5235 or of any ordinance adopted 
pursuant thereto. 

(2) To hear and decide special exceptions to the terms of the ordinance 
upon which such Board is required to pass under such ordinance. 

(3) To authorize upon appeal in specific cases such variance from the terms 
of the ordinance as will not be contrary to the public interest, where owing to 
special conditions a literal enforcement of the provisions of the ordinance will 
result in unnecessary hardship, and so that the spirit of the ordinance shall be 
observed and substantial justice done. 

In exercising the above-mentioned powers such Board may, in conformity 
with the provisions of Sections 5227 to 5235, reverse or affirm wholly or 
partly, or may modify the order, requirement, decision or determination appealed 
from and may make such order, requirement, decision or determination as 
ought to be made, and to that end shall have all the powers of the officer from 
whom the appeal is taken. The concurring vote of four members of the Board 
shall be necessary to reverse any order, requirement, decision or determination 
of any such administrative official, or to decide in favor of the applicant on any 
matter upon which it is required to pass under any such ordinance or to affect 
any variation in such ordinance. 

Any person or persons, jointly or severally aggrieved by any decision of the 
Board of Adjustment, or any taxpayer, or any officer, department, board or 
bureau of the municipality, may present to a court of record a petition, duly 
verified, setting forth that such decision is illegal, in whole or in part, specifying 
the grounds of the illegallity. Such petition shall be presented to the court 
within thirty days after the filing of the decision in the office of the Board. 

Upon the presentation of such petition, the court may allow a writ of 
certiorari directed to the Board of Adjustment to review such decision of the 
Board of Adjustment and shall prescribe therein the time within which a 
return thereto must be made and served upon the relator's attorney, which 
shall not be less than ten days and may be extended by the court. The 
allowance of the writ shall not stay proceedings upon the decision appealed 
from, but the court may, on application, on notice to the Board and on due 
cause shown, grant a restraining order. 

The Board of Adjustment shall not be required to return the original papers 
acted upon by it, but it shall be sufficient to return certified or sworn copies 
thereof or of such portions thereof as may be called for by such writ. The re- 



2397 Civil Code § 5234 

turn shall concisely set forth such other facts as may be pertinent and material 
to show the grounds of the decision appealed from and shall be verified. 

If, upon the hearing, it shall appear to the court that testimony is necessary 
for the proper disposition of the matter, it may take evidence or appoint a 
referee to take such evidence as it may direct and report the same to the court 
with his findings of fact and conclusions of law, which shall constitute a part of 
the proceedings upon which the determination of the court shall be made. The 
court may reverse or affirm, wholly or partly, or may modify the decisions 
brought up for review. 

Costs shall not be allowed against the Board, unless it shall appear to the 
Court that it acted with gross negligence or in bad faith or with malice in 
making the decision from which the appeal is taken. 

All issues in any proceeding under this Section shall have preference over all 
other civil actions and proceedings. 

1924, XXXIII, 1066. 

§ 5234. Prevention of Violation of Regulations. — In case any building or 
structure is erected, constructed, reconstructed, altered, repaired, converted or 
maintained ; or any building, structure or land is used in violation of Sections 
5227 to 5234 or of any ordinance or other regulations made under authority 
conferred hereby, the proper local authorities of the municipality, in addition 
to other remedies, may institute any appropriate action or proceedings to 
prevent such unlawful erection, construction, reconstruction, alteration, repair, 
conversion, maintenance or use, to restrain, correct or abate such violation, to 
prevent the occupancy of said building, structure or land, or to prevent any 
illegal act conduct, business or use in or about such premises. 

1924, XXXIII, 1066. 

§ 5235. Conflicting Regulations. — Wherever the regulations made under 
the authority of Sections 5227 to 5235, require a greater width or size of 
yards, courts, or other spaces, or require a lower height of building or less number 
of stories or require a greater precentage of lot to be left unoccupied, or impose 
other higher standards than are required in any other statute of local or- 
dinance or regulations, the provisions of the regulation made under authority 
of Sections 5227 to 5235 shall govern. Whenever the provisions of any other 
statute or local ordinance of regulation required a greater width or size of 
yards, courts, or other open spaces, or require a lower height of building or a 
less number of stories, or require a greater percentage of lot to be left unoccu- 
pied, or impose other higher standards than are required by the regulations 
made under the authority hereof, the provisions of such statute or local ordi- 
nance or regulations shall govern. 

1924, XXXIII, 1066. 

§ 5236. ITerritorial Limits of the Town of Monck's Comer, Berkeley County 
Extended. — The following area shall be comprised within the corporate limits 
of the town of Monck's Corner, Berkeley County, in this State. All the territory 
situate, lying and being within the following limits and bounds, that is to say : 
On the north the corporate limits shall extend one (1) mile north of the center 
of said town, which shall be regarded as the point at the intersection of 
the Main Street, or the Pinopolis Public Road with the railroad track of 
the Atlantic Coast Line Railway Company. The said northern boundary line 
shall be a line drawn directly east and west across the said railroad track one 
(1) mile north of the center, and shall extend in an easterly direction until it 



§ 5237 Civil Code 2398 

intersects the Coastal Highway, and in a westerly direction until it intersects 
the western boundary line as hereinafter established. The eastern boundary 
line, or limit, of the said town is the Coastal Highway ; the southern boundary 
line extends one (1) mile on the said railroad track south of the center of the said 
town and is fixed by a line crossing said railroad track at said point running 
east and west, on the east until it intersects the said Coastal Highway, and on the 
west until it intersects the western boundary line as hereinafter established ; the 
western boundary line is a line which runs in a northerly and southerly direction 
and parallel to the Atlantic Coast Line Railroad track and crosses the Pinopolis 
Public Road, on the east side of and at a point fifty (50) feet of the residence of 
Ben Levy's on property now owned by Russell Williams and McKnight, and 
extends north and until it intersects the northern boundary line as herein 
established, and extends south until it intersects the southern boundary line as 
herein established. Within the area herein designated the said municipality shall 
have, exercise and enjoy all the rights and privileges now enjoyed by it within 
its present territorial limits, and shall have and enjoy all the rights and privileges 
now or hereafter conferred upon towns and municipalities in this State of its 
class. 

1927, XXXV, 756. 

§ 5237. Recorder for City of Bennettsville. — The City Council of Bennetts- 
ville. South Carolina, is hereby authorized and empowered to employ a 
Recorder whose duty it shall be to try all offenses against the city ordinances 
and said City Council is hereby authorized and empowered to fix the amount 
of compensation of said Recorder and the times of payment thereof. The 
jurisdiction of the City Recorder shall be the same as that heretofore exercised 
by the Mayor of the town of Bennettsville, and there shall be the same right of 
appeal and trial in the Court of said City Recorder as has heretofore existed 
under the law in all trials before the Mayor in the town of Bennettsville. 

1927, XXXV, 977. 

§ 5238. Annexation of Certain Territory to the City of Columbia. — Certain 
elections held in Richland County on December 30, 1926, upon the question of 
annexing the territory hereinafter described to the City of Columbia, are here- 
by declared legal and binding elections notwithstanding any irregularities which 
may have occurred in the ordering or holding of said elections, and the said terri- 
tory is hereby declared to be a part of the said City of Columbia. The said 
property is more particularly described as follows: "All that tract of land ad- 
joining the City of Columbia having the following general description : Starting 
at a point at the Southeastern intersection of Lower Street and Hardin Street, 
running in a Southeasterly direction until it intersects with Altee Street, thence 
turning and running in an Easterly direction along Altee Street to Fifth Avenue 
(Shandon Annex), thence along said Fifth Avenue to the intersection of 
Ott Road to the Southern boundary of lands formerly of Frank Sims, thence 
turn and running in a Southeasterly direction to the Milf ord Road, thence turn- 
ing and running along Milf ord Road in a Northeasterly direction to the Garner's 
Ferry Road, thence turning and running along said Garner 's Ferry Road, South- 
easterly direction to the Eastern boundary of land now or formerly of M. C. 
Heath. Thence running in a Northern direction along said property line to the 
county road known as Devereux Road, thence along said road for a distance of 
approximately 1,400 feet to bend in said road, thence a Northeasterly direction 
between lands of Emmerson and Reeves and Williamson to Kilbourne Avenue, 
thence in a Westerly direction along said Kilbourne Avenue to Claremont Ave- 



2399, Civil Code § 5239 

nue, thence along said Claremont Drive to the Trenholm Road, thence turning 
and running in a Northwesterly direction along said Trenholm Road to a road 
leading to the home and through the property of R. B. Jennings, thence turning 
and running along said road through the property of R, B. Jennings and running 
in a Westerly direction along said Camden Road to the city limits. Plat of prop- 
erty and terms of annexation on file in office of City Clerk. All that lot of land 
lying just South of the city limits of the City of Columbia, and described as 
follows : Commencing at a point on the Southwest corner of the intersection of 
Altee Street and Edisto Avenue ; thence running South along the Western side 
of said Edisto Avenue to the Southwest intersection of Edisto Avenue and ''B" 
Street; thence running East along the Southern side of said "B" Street to a 
point where Fifth Street intersects "B" Street; thence North along the Eastern 
side of Fifth Street to the intersection of Fifth Street and Altee, including said 
Altee Street; thence East along said Altee Street to a point of commencement, 
being better shown on plat made by Shand Engineering Company of South 
Wales in January, 1916. All that lot of land bounded North by Northern edge 
of Altee Street; East by Edgewood Development Company, et al.; South by 
Southern edge of "B" Street and West by Gregg Street. The City Council of 
the City of Columbia is hereby authorized and empowered to re-district the 
said city into as many wards as they deem necessary and desirable to best serve 
the needs and conveniences of said city, 
1927, XXXV, 1014. 

ARTICLE 2 
Towns of Less Tlian 1,000 Inhabitants 

5239. Mode of Incorporation. 5249. Street Tax. 

5240. 5262. Elections, Terms, etc., of Officers. 5250. Ownership of Property by Council. 

5241. Municipal Elections. 5251. Taxation. 

5242. Oath of Intendant and Wardens. 5252. AuctioBs and Auctioneers. 

5243. Officers to Hold Over until Successors 5253. Sidewalks. 

Elected. 5254-5. Arrest, Fine and Commitment. 

5244. Vacancies. 5256-8. Records and Charters. 

5245. Order of Election by Governor, 5259. Surrender of Charter and Reincor- 

5246. Town Council. poration. 

5247. Abatement of Nuisances, etc. 5260. Powers of Towns Previously Incor- 

5248. Jurisdiction over Streets. porated. 

5261. Fire Departments. 

§ 5239. Mode of Incorporation of Towns of Less Than One Thousand In- 
habitants. — The citizens of any proposed town of not less than one hundred 
(100) nor more than one thousand (1,000) inhabitants in this State, desiring to 
be incorporated, shall file their petitions for that purpose, setting out the 
corporate limits proposed for the town and the number of inhabitants therein, 
and signed by ten freehold electors thereof, who are freeholders in the precinct 
in which the proposed town is located, with the Secretary of State. The Secre- 
tary of State shall then issue to three or more persons of said town a commis- 
sion authorizing them to provide for the registration of all electors within the 
proposed corporate limits of said town and to appoint three managers of the 
election; and at such election the said registered electors shall vote on the 
following questions: First, corporation; second, name of town; third, selection 
of Intendant and four Wardens. The managers shall certify the result of such 
election under oath to the Secretary of State, and if in favor of corporation, the 
Secretary of State shall issue to the Intendant and Wardens-elect a certificate 
of incorporation of said town, with the privilege, powers and immunities and 
subject to the limitations provided in this Article: Provided, That the corporate 



§ 5240 Civil Code 2400 

limits of towns of less than 1,000 inhabitants, incorporated under the provisions 
of this Article, shall not extend further than one mile from the center thereof : 
Provided, That whenever it shall appear that a town of less than 1,000 inhabi- 
tants has decreased in population since its incorporation to less than 100 inhabi- 
tants that then the charter of such town shall thereby become forfeited; and 
secondly, that whenever a majority of the qualified voters of any town of less 
than 300 inhabitants shall file with the Intendant or Wardens of such town a 
petition asking for an election on the question of surrendering the charter of 
such town that such Intendant or Wardens shall order an election to determine 
the question, at which all qualified voters of such town be permitted to vote, and 
if two-thirds of those voting shall vote in favor of the surrendering of such 
charter, that the Intendant or Wardens shall certify the result to the Secretary 
of State, who shall immediately thereupon cancel the charter theretofore issued 
to such town. 

Civ. C. '22, § 4514; Civ. C. '12, § 2893; Civ. C. '02, § 1935; 1896, XXII, 76; 1898, 
XXII, 772; 1909, XXVI, 46. 

§ 5240. Officers, Election, Term of Office, Etc.— The officers of such town 

shall be an Intendant and four Wardens, who shall be citizens of the United 

States, and shall have been residents of said town for four months immediately 

preceding said election. Said officers shall be elected annually and at such 

place in each town as the Intendant and Wardens shall designate, ten days' 

public notice being previously given. They shall hold their office for a term 

of one year and until their successors shall have been elected and qualified: 

Provided, however, That in the town of Andrews, in the County of Georgetown 

and in the towns of Moncks Corner and Bonneau in the County of Berkeley and 

the town of McClellanville, in Charleston County, said officers shall be elected 

every two years, and their term of office shall be for two years and until their 

successors shall have been elected and qualified. Provided, however, That in the 

Town of Clio, in the County of Marlboro, said officers shall be elected every two 

(2) years, and their term of office shall be for two (2) years, and until their 

successors shall have been elected and qualified, Provided, That in the Town 

of Chesterfield there shall be held a primary for the nomination of an Intendant 

and Wardens before such persons are elected to said offices. 

Civ. C. '22, § 4515; Civ. C. '12, § 2894; Civ. C. '02, § 1936; 1896, XXII, 76; 1898, 
XXII, 772 ; 1916, XXIX, 830 ; 1923, XXXIII, 96 ; 1928, XXXA^ 1225, 1230, 1258. 

§ 5241. Who Can Vote at Municipal Elections. — All inhabitants within the 

limits of said town who are qualified to vote under the laws and Constitution of 

this State and municipal elections, and have been duly registered, shall be 

entitled to vote and to be elected as Intendant and Wardens, and the election 

shall be held from 8 o 'clock in the morning until 4 o 'clock in the afternoon, when 

the polls shall be closed, and the managers shall count the votes and proclaim 

the election and give notice thereof to the persons elected. 

Civ. C. '22, § 4.516; Civ. C. '12, § 2895; Civ. C. '02, § 1937; 1890, XXII, 76; 1898, XXII. 
772. 

§ 5242. Oath of Intendant and Wardens. — The Intendant and Wardens, 
before entering upon the duties of their offices, shall take the oath prescribed 
by the Con.stitution of the State, and also the following oath, to wit: "As In- 
tendant (or Warden) of the Town of I will equally and impartially, 

to the best of my skill and ability, exercise the trust reposed in me, and will 



2401 Civil Code § 5243 

use my best endeavors to preserve the peace and carry into effect, according to 
law, the purpose of my election. So help me, God. ' ' 

Civ. O. '22, § 4517; Civ. C. '12, § 2896; Civ. C. '02, § 1938; 1896, XXII, 76; 1896, 
XXII, 772. 

§ 5243. Officers to Hold Over Until Successors Are Elected. — ^In the event 
of any election as herein provided going by default from failure to give the 
notice required, the Intendant and Wardens in office shall continue so to 
act until due notice can be given and an election held as provided by this 
Article; and all their actions and ordinances as such officers are hereby 
confirmed until their successors are duly elected. 

Civ. C. '22, § 4518; Civ. C. '12, § 2897; Civ. C. '02, § 1939; 1896, XXII, 76; 1898, 
XXII, 772. 

§ 5244. Vacancies — How Filled. — In case a vacancy shall occur in the office 
of Intendant or any of the Wardens by death, resignation or removal from the 
State, or for any other cause, an election shall be held to fill such vacancy, and 
the Intendant and Warden (or Wardens, as the case may be) shall give ten 
days' previous public notice of such election: Provided, however, That should 
the vacancy occur within sixty days of the annual election, then the Town Coun- 
cil may, in its discretion, refuse to order an election to fill the vacancy. In case 
of sickness or temporary absence of the Intendant, the Wardens shaU form a 
Council, which is empowered to elect one of their number to act as Intendant 
during such sickness or absence. 

Civ. C. '22, § 4519 ; Civ. C. '12, § 2898 ; Civ. C. '02, § 1940 ; 1896, XXII, 77. 

§ 5245. When the Governor May Order Election of Officers of Town. — 

Whenever it shall happen that a sufficient number of the Board of Intendant 
and Wardens to constitute a quorum shall be prevented from discharging their 
duties and functions by reason of death, resignation or other disability, the 
Governor of the State is authorized and directed to order an election for Inten- 
dant and Wardens of said town, and to appoint all officers necessary for hold- 
ing and declaring of said election, who shall proceed to discharge their respective 
duties in the same manner and with the same effect as though they had been 
appointed by the municipal authorities provided for in this Article. 
Civ. C. '22, § 4520 ; Civ. C. '12, § 2899 ; Civ. C. '02, § 1941 ; 1900, XXIII, 385. 

§ 5246. Town Council — Powers — Warden Summoned by Intendant — ^Im- 
position of Fines, Etc. — The Intendants duly elected and qualified shall, during 
their terms of office, have the same power which a Magistrate now has to compel 
the attendance of witnesses and require them to give evidence upon the trial 
before them of any person for the violation of the laws of the ordinances of 
the town. 

The Intendant shall, as often as the occasion may require, summons the War- 
dens to meet him in Council, a majority of whom shall constitute a quorum for 
the transaction of business, and shall be known by the name of the Town 
Council of the said town; and they and their successors in office shall have a 
common seal, and shall have power to appoint from time to time such and so 
many proper persons to act as Marshals or Constables as they shall deem ex- 
pedient or proper, which officers shall have all the powers, privileges and be 
subject to all the duties, penalties and regulations provided by the laws of the 
State for the office of Constable, and such compensation as the Town Council 
may prescribe ; and the said Town Council shall have the power and authority 
under their corporate seal to ordain and establish all such rules and by-laws and 
ordinances respecting the streets, ways, public wells and springs or fountains of 



§ 5247 Civil Code 2402 

•water, market and police of said town, and for preserving health, peace, order 
and good government within the same, as they may deem expedient and proper, 
not repugnant to the laws of this State ; and all such by-laws and ordinances 
shall at all times be subject to revision and repeal by the General Assembly of 
the State : Provided, That no monopoly be granted to such incorporated towns 
in the sale of meats or breadstuffs. 

And the said Intendant or Council may impose fines for offenses against such 
by-laws and ordinances and appropriate the same to the use of the corporation, 
but no fines shall exceed one hundred dollars ; and said Intendants or Town 
Council shall have power to issue execution to the Sheriff of the county for the 
collection of all fines imposed by it. 

Civ. C. '22, § 4521 ; Civ. C. '12, § 2900 ; Civ. C. '02, § 1942 ; 1896, XXII, 77 ; 1897, XXII, 
500. 

§ 5247. Power of Council to Abate Nuisances, Etc. — Said Tovni Council 
shall have power to abate and remove nuisances within the limits of said town, 
and classify and arrange the inhabitants liable to police duty, and require them 
to perform such duty as occasion may require and to enforce performance there- 
of under the same penalties as are now or may hereafter be established by law. 
The said Town Council shall have power to compound with persons liable to 
perform such duty upon such terms as they shall by ordinance establish. 

Civ. C. '22, § 4522 ; Civ. C. '12, § 2901 ; Civ. C. '02, § 1943 ; 1896, XXII, 78. 

§ 5248. Jurisdiction of Council Over Streets. — It shall be the duty of the 
Town Council to keep all streets and ways which may be necessary for public 
use within the limits of said town open and in good repair, and for that purpose 
they are hereby invested with the powers, rights and privileges granted by law 
to the County Board of Commissioners -odthin the limits of said town, and for 
neglect of duty they shall be liable to the pains and penalties imposed by law 
upon Commissioners of Eoads for like neglect ; and said Intendant and Wardens 
shall be exempt from the performance of road and police duty within the limits 
of said corporation. 

Civ. C. '22, § 4523 ; Civ. C. '12, § 2902 ; Civ. C. '02, § 1944 ; 1896, XXII, 78. 

§ 5249. Street Tax. — The said Town Council shall have power to compound 
with the persons liable to work on said streets and ways, and to release such 
persons as may desire it upon the payment of such sums of money as they may by 
ordinance fix as a fair equivalent therefor, to be applied by them to the use 
of said corporation. 

Civ. C. '22, § 4524; Civ. C. '12, § 2903; Civ. C. '02, § 1945; 1896, XXII, 78. 

§ 5250. Council May Own Property. — The said Town Council may own and 
hold real and personal property not exceeding twenty thousand dollars in value. 
Civ. C. '22, § 4525; Civ. C. '12, § 2904; Civ. C. '02, § 1946; 1896, XXII, 78. 

§ 5251. Council May Impose Tax. — The said Town Council shall also have 
power by ordinance to impose an annual tax upon all real and personal prop- 
erty within the corporate limits of said town, but such tax must not exceed 
fifty cents on the one hundred dollars: Provided, The Town Council of the 
Towns of Moncks Corner and St. Stephens, in Berkeley County, South Caro- 
lina, shall have power by ordinance to impose an annual tax on all real and 
personal property within the corporate limits of said towns, but such tax must 
not exceed fourteen mills, provided no increase of said levj' above five mills 
shall be made until the same is submitted to the qualified electors in said towns 
and approved by them, and it shall also have power, by ordinance, to levy an 



2403 Civil Code § 5252 

aimiial tax upon any business or occupation conducted within the corporate 
limits. The taxes so levied shall constitute a lien upon the property upon which 
it is levied paramount to all liens, except the lien for State and county taxes. 
For the purpose of collecting the same, said Town Council shall be, and is 
hereby, empowered to issue executions against all property in the hands of 
some officer for collection, who shall have all the rights as now conferred upon 
Sheriffs for the enforcement of tax executions : Provided, That said licenses 
shall be granted according to the gross income of the persons, firms or corpora- 
tions, required to pay such licenses, or upon the amount of capital invested in 
said business. 

Civ. C. '22, § 4526; Civ. C. '12, § 2905; Civ. C. '02, § 1947; 1896, XXII, 78; 1913, 
XXVIII, 53 ; 1917, XXX, 332 ; 1920, XXXI, 815 ; 1923, XXXIII, 167. 

§ 5252. Auctions and Auctioneers. — The said Town Council shall have 
power to regulate sales at auction within the limits of said town, and to grant 
licenses to auctioneers : Provided, That nothing herein shall extend to sales by 
or for the Sheriff', Clerk of Court, Judge of Probate, Coroners, executors and 
administrators, assignees, or by any other person under the order of any Court, 
Magistrate or other inferior Court, or by the owner or owners of the property 
sold. - . ^^4a! 

Civ. C. '22, § 4527 ; Civ. C. '12, § 2906 ; Civ. C. '02, § 1948 ; 1896, XXII, 78. 

§ 5253. Sidewalks. — The Town Council of said town shall have the power 
and authority by ordinance to require all persons owning a lot or lots in said 
town or keep in repair the sidewalks adjacent to their lots, respectively, and 
for default in this matter shall have power and authority to impose a fine not 
exceeding fifteen dollars. 

Civ. C. '22, § 4528; Civ. C. '12, § 2907; Civ. C. '02, § 1949; 1896, XXII, 78. 

§ 5254. Intendant or Town Council May Arrest, Fine and Commit Dis- 
orderly Persons — Assistance. — The said Intendants or Town Council shall have 
power to arrest and, upon conviction, to commit to the town guardhouse, for a 
space of time not exceeding thirty days, and to fine not exceeding one hundred 
dollars, any person or persons who may be guilty of disorderly conduct in said 
town to the annoyance of the citizens thereof; and it shall be the duty of the 
Marshal of the town to make such arrest, and to call to his assistance the 
posse comitatus, if necessary, and upon failure to perform the said duty he 
shall be fined in a sum not exceeding one hundred dollars for each and every 
offense. 

Civ. C. '22, § 4529; Civ. C. '12, § 2908; Civ. C. '02, § 1950; 1896, XXII, 78; 1897, 
XXII, 501. 

§ 5255. IMarshals and Constables May Be Required to Arrest Persons — 
Commitment. — The said Intendant and Wardens, in person, or any of them, 
may authorize and require any Marshal or Constable especially appointed for 
that purpose to arrest, and, upon conviction before the Intendants or Town 
Council, to commit to the guardhouse, which said Intendants or Town Council 
is authorized to establish, or to the county jail or to the county chaingang, 
for a term not exceeding thirty days, any person or persons who, within the 
corporate limits of said town, may be engaged in a breach of the peace, any 
riotous or disorderly conduct, open obscenity, public drunkenness, or any con- 
duct grossly indecent or dangerous to the citizens of said town, or any of 
them : Provided, That if the offender be committed to jail it shall be done at 



§ 5256 Civil Code 2404 

the expense of the said town: Promded, This Article shall not be construed to 
prevent trial by jury. 

Civ. C. '22, § 4530 ; Civ. C. '12, § 2909 ; Civ. C. '02, § 1951 ; 1896, XXII, 78 ; 1897, XXII, 
501. 

§ 5256. Records. — Said Town Council shall keep a record of all its official 
acts and ordinances. 

Civ. C. '22, § 4531 ; Civ. C. '12, § 2910 ; Civ. C. '02, § 1952 ; 1896, XXII, 78. 

§ 5257. Charter Fee. — Before the issue of the commission herein provided 
for, by the Secretary of State, he shall require the corporators to produce a 
receipt of the Treasurer of the State for a fee of ten dollars, which receipt 
shall be filed with the applications in his office. 

Civ. C. '22, § 4532; Civ. C. '12, § 2911; Civ. C. '02, § 1953; 1896, XXII, 78. 

§ 5258. Term of Charter. — Such charter shall continue from its date for 
a period of thirty years. 

Civ. C. '22, § 4533 ; Civ. C. '12, § 2912 ; Civ. C. '02, § 1954 ; 1896, XXII, 78. 

§ 5259. Towns May Surrender Charter and Be Incorporated Under This 
Article — Mode and Effect. — Any town of less than one thousand inhabitants, 
already chartered, which is desirous of surrendering its charter and accepting 
incorporation under this Article, or whose charter is about to expire, may be 
incorporated under this Article. The Town Council of such town may submit 
the question to a vote of the qualified electors at an election ordered on twenty 
days' notice. If the election results in favor of surrendering the old charter 
and accepting a charter under this Article the Town Council shall certify such 
results, accompanied by the sworn return of the managers of said election, to 
the Secretary of State, who shall thereupon issue to said Council a certificate 
of incorporation of said town with the privileges, powers and immunities and 
subject to the limitations prescribed in this Article. 

Every such certificate of incorporation shall continue from its date for a 
period of thirty years. 

Civ. C. '22, § 4534; Civ. C. '12, § 2913; Civ. C. '02, § 1955; 1896, XXII, 78. 

§ 5260. Powers Enumerated Conferred on Certain Towns Heretofore 
Created. — All municipal corporations of this State having a population of 
not less than two hundred and not more than one thousand inhabitants are 
hereby empowered with the powers enumerated in this Article. The powers 
hereby conferred are in addition to those already enjoyed by said corporations 
under their respective charters. 

Civ. C. '22, § 4535; Civ. C. '12, § 2914; Civ. C. '02, § 1956; 1897, XXII, 469; 1899, 
XXIII, 54. 

§ 5261. Powers of Certain Towns to Equip and Control Fire Departments. — 

Hereafter, the Town Council of every town in this State between one hundred 
and one thousand inhabitants shall have the power and authority to equip and 
control a fire department for the protection of said town in such way as they 
may deem necessary, and by ordinance to establish fire limits and provide for 
building permits in said town, and to prescribe and designate the kind and 
character of material to be used in erecting and repairing buildings or structures 
within and upon that portion of said town included within such fire limits. 
All buildings or structures erected within such fire limits contrary to the 
ordinance of said town, and without such permits, may be abated and removed 
by said Town Council as a public nuisance. 

Civ. C. '22, § 4536; Civ. C. '12, § 2915; Civ. C. '02, § 1957; 1899, XXIII, 54; 1906, 
XXV, 10. 



2405 CmL Code § 5262 

§ 5262. When No Election Is Held, Officer May Order Another Election.— 

Whenever any election in any such town shall fail of its purpose because of a 
tie vote or otherwise, or whenever any such election shall fail to be held for 
any reason, the officers of such town charged with holding of such election shall, 
whenever such failure appears, proceed forthwith to appoint a day and ad- 
vertise for and hold another election, and so continue to do until the purpose 
of such election has been attained. 

Civ. 0. '22, § 4537; Civ. C. '12, § 2916; 1905, XXIV, 943. 



ARTICLE 3 
Towns and Cities Over 1,000 Inliabitants 

5263—4. Elections. 5273. License on Railroads. 

5265. Vacancies in Office. 5274. Tax Levy. 

5266. Mayor Pro Tern. 5275. Repair of Streets and Bridges. 

5267. Council Meetings. 5276. Fire Department. 

5268. Corporate Powers. 5277. Policemen. 

5269. Police Powers. 5278. Guardhouse. 

5270. Licenses. 5279. Powers of Council. 

5271. Licenses in Cities of over 40,000. 5280. Reports of Council. 

5272. License Tax on Insurance Companies. 5281. Negligence of Officer. 

§ 5263. Municipal Elections. — All elections shall be held in some convenient 
public places in said city or town; the polls shall be open from 8 o'clock in 
the forenoon to 4 o 'clock in the afternoon, and shall be conducted by managers 
who shall be appointed as hereinafter provided for. 

Civ. C. '22, § 4538; Civ. C. '12, § 2940; Civ. C. '02, § 1976; 1896, XXII, 67; 1901, 
XXIII, 649. 

§ 5264. Voters. — All male inhabitants residing within the corporate limits 
of said city or town, and qualified to vote according to the provisions of the 
Constitution of this State, who have been duly registered, shall be entitled to 
vote at the election provided for in this Article. 

Civ. C. '22, § 4539; Civ. C. '12, § 2941; Civ. C. '02, § 1977; 1896, XXII, 67; 1901, 
XXIII, 649. 

§ 5265. Vacancies in Offices. — In case a vacancy occurs in the office of 
Mayor or Alderman, by death, resignation or otherwise, all elections to fill such 
vacancies shall be held in the same manner and after the same notice as herein- 
after provided in Articles 4 and 5, respectively. Should the vacancy occur 
within sixty days of the regular election it shall be left to the discretion of the 
Council whether or not they shall order an election to fill the vacancy. In 
case of a contest or protest as to any municipal or special election held under 
Articles 4 and 5 of this Chapter, shall be determined in the manner now pro- 
vided by the law of this State. 

Civ. C. '22, § 4540 ; Civ. C. '12, § 2942 ; Civ. C. '02, § 1978 ; 1896, XXII, 67 ; 1901, 
XXIII, 649. 

§ 5266. Mayor Pro Tern — Powers, Duties and Liabilities. — The City or Town 
Council of such city or town shall have power to elect one of its Aldermen Mayor 
pro tempore, who shall be vested with all powers, duties, responsibilities at- 
tached to the office of Mayor during the temporary absence or disability of 
the Mayor, or when the office of Mayor shall be and become vacated by reason 
of death, resignation, removal or permanent disability of the Mayor until a 
new Mayor shall have been elected and qualified. The said Mayor shall have 
the power and authority to speedily try all offenders against the ordinances of 



§ 5267 Civil Code 2406 

said city in a summary manner without a jury, unless demanded by the accused, 
unless such person enter into good and sufficient recognizance, to be approved 
by said Mayor, or in the case provided, the Mayor pro tempore^ to appear for 
trial within four days after such arrest, or at such other time as may be agreed 
upon, in which event the trial shall be deferred until that time. 

Civ. C. '22, § 4541; Civ. C. '12, § 2943; Civ. C. '02, § 1979; 1896, XXII, 67; 1901, 
XXIII, 649. 

§ 5267. Council Meeting's. — The Mayor shall have authority to summon 

the Aldermen to meet in council for the transaction of business pertaining to 

the corporation whenever in his judgment it may be necessary. 

Civ. C. '22, § 4542; Civ. C. '12, § 2944; Civ. C. '02, § 1980; 1896, XXII, 67; 1901, 
XXIII, 649. 

§ 5268. Corporate Powers. — The corporate name of every city or town 

incorporated under this Article shall be "the city (or town) of ," 

and by such corporate name said city or town may sue and be sued, plead and 

be impleaded in any Court of law or equity in this State, and may purchase, 

hold, enjoy and possess, for the use of said city or town in perpetuity or for 

the term of years any estate, either real or personal, or mixed, and sell, alien 

and convey the same at will. The said city or town shall have and keep a 

common seal, which shall be affixed to all ordinances passed by the Mayor and 

the Aldermen thereof. 

Civ. C. '22, § 4543; Civ. C. '12, § 2945; Civ. C. '02, § 1981; 1896, XXII, 67; 1901, 
XXIII, 649. 

§ 5269. Police Powers. — And the said City or Town Council shall have 
full power to make, ordain and establish all such rules, by-laws, regulations and 
ordinances respecting its roads, streets, markets, police, health and order of 
said city or town as shall appear to them necessary and proper for the security, 
welfare and convenience of the said city or town, or for preserving the health, 
peace, order and good government within the same : Provided^ That no mo- 
nopoly shall be granted in such incorporated cities or towns for the sale of 
breadstuffs or meats. And the City or Town Council may fix by ordinance and 
impose fines and penalties for the violation of the said rules, by-laws, regula- 
tions and ordinances not to exceed the sum of one hundred dollars, or imprison- 
ment for not more than thirty days, and shall appropriate all revenues arising 
therefrom to the use of the said corporation : Provided, Such ordinances, rules 
and by-laws or regulations be not contrary to the laws of the State. Every 
person sentenced to imprisonment, either directly or in consequence of a failure 
to pay a fine imposed, shall be subject to work upon the public roads of said 
city or town, or of the county in which such city or town is situate, during the 
term of such imprisonment. 

Civ. C. '22, § 4544; Civ. C. '12, § 2946; Civ. C. '02, § 1982; 1806. XXII, 67; 1901, 
XXIII, 649. 

§ 5270. Licenses. — Said City or Town Council may, and they are hereby 
authorized annually to require by ordinance the payment of such reasonable 
sums of money as a license by any person or persons, corporation or corpora- 
tions, engaged or intending to engage in any calling, business, occupation or 
profession, in whole or in part, within the limits of said cities or towns, except 
those engaged in the calling or profession of teachers or ministers of the gospel : 
Provided, That said license shall be graduated according to the gross income of 
the persons, firms or corporations required to pay such license, or upon the 
amount of capital invested in said business. Tixey shall have power to collect 



2407 Civil Code § 5271 

license or taxes from all persons representing publicly within the limits of said 
city or town, for gain or reward, any plays or shows of whatever nature or 
kind soever; and said City or Town Council are hereby authorized and em- 
powered to give full force and effect to this Section and to punish delinquents 
thereunder. 

Civ. C. '22, § 4545; Civ. C. '12, § 2947; Civ. C. '02, § 1983; 1896, XXII, 67; 1901, 
XXIII, 649; 1911, XXVII, 28. 

§ 5271. Twenty-Five Hundred Dollars License in Certain Cases in Cities 
of Forty Thousand. — Cities of over forty thousand (40,000) inhabitants are 
hereby authorized to require the payment of such sum or sums of money, 
not exceeding twenty-five hundred ($2500.00) dollars, for license or licenses, 
as in their judgment be just and wise, by any person or persons or cor- 
porations engaged, or intended to engage, in any calling, business or pro- 
fession, in whole or in part, within the limits of said cities, except those engaged 
in the calling or profession of teachers and ministers of the gospel : Provided, 
That whenever the amount of the license shall in any case exceed one thousand 
($1,000.00) dollars the concurrence of two-thirds of the whole Council and the 
Mayor shall be necessary in the passage of any ordinance requiring the same. 

Civ. C. '22, § 4546; Civ. C. '12, § 2948; 1904, XXIV, 396. 

§ 5272. Municipalities May Not Levy License Tax on Fire Insurance Com- 
panies or Agents Except on Percentage of Premiums Collected — Amount — 
Proviso as to Certain Cities. — No municipality shall charge a license fee to 
fire insurance companies or their agents licensed by the Insurance Commissioner 
in any other manner than on a percentage of the premiums collected in such 
municipality, such license fee not to exceed two per cent, of the premiums 
collected in such municipality; except in cities of fifty thousand inhabitants 
or more, where not exceeding five per cent, may be charged. 

Civ. C. '22, § 4547; 1917, XXX, 361. 

§ 5273. Municipal License on Railroads Limited. — The maximum amount 
of privilege or license tax which the several municipalities within this State may 
annually assess and collect of persons, firms or corporations operating railroads 
in this State as common carriers for the privilege of doing intrastate business 
within the limits of such municipalities, whether such companies are incor- 
porated under the laws of this State or any other State, or whether incor- 
porated at all or not, is hereby prescribed and fixed as follows: In munic- 
ipalities having a population of not exceeding two hundred and fifty inhabitants, 
ten dollars; in municipalities having a population of more than two hundred 
and fifty inhabitants and not exceeding five hundred inhabitants, fifteen dollars ; 
in municipalities having a population of more than five hundred inhabitants 
and not exceeding seven hundred and fifty inhabitants, twenty dollars ; in munic- 
ipalities having seven hundred and fifty to one thousand inhabitants, twenty-five 
dollars; in municipalities having a population of more than one thousand in- 
habitants and not exceeding five thousand inhabitants, twenty-five dollars for 
the first one thousand inhabitants and twenty-five dollars for each additional 
one thousand inhabitants or a majority fraction thereof ; in municipalities hav- 
ing a population of more than five thousand inhabitants and not exceeding ten 
thousand inhabitants, twenty-five dollars for the first one thousand inhabitants 
and thirty dollars for each additional one thousand inhabitants or majority frac- 
tion thereof; in municipalities having a population of more than ten thousand 
inhabitants, twenty-five dollars for the first one thousand inhabitants and thirty- 
five dollars for each additional one thousand inhabitants or majority fraction 



§ 5274 Civil Code 2408 

thereof; but in no case shall any municipality assess or collect such a privilege 
or license tax exceeding two thousand dollars. In arriving at the amount of 
privilege or license tax which may be assessed and collected under the provisions 
of this Section the population of the several cities and towns shall be computed 
and based upon the Federal census next preceding the year for which such 
license tax is assessed from year to year. 
Civ. C. '22, § 4548; 1920, XXXI, 921. 

§ 5274. Municipal Tax Levy — Penalty — Tax Executions. — The said Town 

Council shall have power to impose by ordinance, published at least twenty days, 
an annual tax in such amount as in the discretion of the said Town Council may 
be necessary for corporate purposes, not exceeding, however, two (2) per cent, 
of the assessed value thereof, on all real estate lying within the corporate limits 
of said city or.town, and all personal property within the same, including bonds 
and stocks of banks and insurance companies and other corporations, the real 
estate of churches and school associations from which such churches and school 
associations draw a revenue or which are intended to be rented out for such 
purpose, except such as is exempt from taxation under the Constitution and 
laws of this State. Provided, That the City Council of the City of Spartanburg 
shall have power to impose by such ordinance an additional annual tax of not 
exceeding ten and one-half ( 101/2 ) mills, on the assessed value of such property 
within its limits. 

Such tax shall be levied by the town authorities on the property within 
the corporate limits as assessed for taxation for county and State purposes. 
The said Council shall also have power to provide for the payment of a penalty 
not exceeding fifteen (15) per cent, of the taxes so levied for nonpayment of 
the said taxes when due, payable when the said taxes become delinquent; and 
the taxes so levied and also the penalty, shall constitute a lien upon the prop- 
erty upon which the said tax is levied until paid, paramount to all other liens 
except the lien for county and State taxes; and for the purpose of collecting 
the same, the said City or Town Council shall have the power to enforce the 
payment of all such taxes and penalties levied and provided for, under the au- 
thority of this Article against the property of defaulters, to the same extent, 
and substantially in the same manner, as is provided by law for collection of 
State and county taxes and penalties, except that executions to enforce the 
payment of the said taxes and penalties due the said city or town shall be issued 
under the seal of the corporation by the Clerk thereof, and directed to the Chief 
of Police, or any other officer designated by the City or Town Council for that 
purpose ; and except, further, that all sales under and by virtue of such execu- 
tions shall take place in front of the City or Town Hall or other public place 
designated by ordinance in such city or town. The said Clerk and the said 
Chief of Police, or other officer so designated as aforesaid, shall be allowed the 
same fees and costs in the enforcement of such executions, and for sales there- 
under as are allowed, respectively, to the County Treasurer and Sheriff, which 
fees and costs shall be enforcible and collectible in the same manner as fees and 
costs under county and State tax executions and on sales thereunder. In addi- 
tion to the annual tax authorized under this Section, the City Council shall 
have the right to levy such further annual tax as may be necessary to pay the 
interest on all outstanding bonds issued by said city or town and to create the 
necessary sinking funds for the redemption of said bonds at their respective 
maturities. All such additional taxes as have heretofore been levied for the 
purpose of paying interest on bonds and creating sinking funds are hereby 
validated in all respects: Provided, That the Town of Bamberg shall include the 



2409 Civil Code § 5275 

levy for the health and drainage district, in the per cent allowed under the 
provisions of this Section. Provided, further, That nothing in this Section con- 
tained shall be so construed as to prevent any city or town, the fiscal year of 
which differs from the fiscal year of the State, from enforcing payment of its 
taxes and penalties and executions therefor, according to the fiscal year of such 
city or town. Provided, That the Town Council of the Town of York may levy 
as provided herein an annual tax not exceeding three per cent. 

Civ. C. '22, § 4549 ; Civ. C. '12, § 2950 ; Civ. C. '02, § 1984 ; 1896, XXII, 67 ; 1901, 
XXIII, 649; 1908, XXV, 1046; 1912, XXVII, 635; 1919, XXXI, 148; 1920, XXXI, 
730, 801, 867; 1924, XXXIII, 958, 960; 1926, XXXIV, 1029. 

§ 5275. City Council to Keep in Repair Streets, Ways and Bridges — May 
Require Road Duty. — The said City or Town Council shall have power, and 
it shall be their duty, to keep in good repair all the streets, ways and bridges 
within the limits of said city; and for such purpose they are invested with all 
the powers, rights and privileges within the limits of said city that are now 
given, or that may hereafter be given, to the County Board of Commissioners 
of the several counties of this State as to the public roads. In addition thereto, 
the said City or Town Council are hereby authorized and empowered to require 
all male inhabitants of said city, between the ages of eighteen and fifty years 
(active firemen and persons exempt by law from road duty excepted), to work 
upon the roads, streets and ways of said city not exceeding four days in each 
and every year, or in lieu of such work, the said City or Town Council may 
compound with persons so liable to work in any amount not exceeding three 
dollars ($3.00) per annum, to be applied to the use of said city or town; and 
any person failing or refusing to perform such work, or to compound as above 
provided, upon conviction thereof before the Mayor or acting Mayor, Intendant 
or acting Intendant (who may bring such persons before him by warrant), 
be fined not exceeding ten dollars ($10.00), or be imprisoned in the City, Town 
or County Jail for a period not exceeding thirty (30) days. And in the towns 
of less than 5,000 inhabitants, incorporated under the provisions of Article 4 
of this Chapter, the said Town Council shall likewise have power, and such 
power is hereby expressly delegated to it, in its discretion, to authorize the 
erection of poles, posts and any other obstruction which, without legislative 
sanction, either mediately or immediately given, would constitute nuisances in, 
upon or under the highways, streets and roads of said town. 

Civ. C. '22, § 4550; Civ. C. '12, § 2951; Civ. C. '02, § 1985; 1896, XXII, 67; 1901, 
XXIII, 649; 1908, XXV, 1023. 

§ 5276. Fire Department. — The said Council shall have power and au- 
thority to equip and control a fire department for the protection of said city 
in such way as they may deem necessary and by ordinance to establish fire limits 
in said city, and to prescribe and designate the kind and character of material 
to be used in erecting and repairing buildings or structures within and upon 
that portion of said city included within such fire limits, all buildings or struc- 
tures erected within such fire limit contrary to the ordinance of said city may 
be abated and removed by said City Council as a public nuisance. 

Civ. C. '22, § 4551; Civ. C. '12, § 2952; Civ. C. '02, § 1986; 1896, XXII, 67; 1901, 
XXIII, 649. 

§ 5277. Policemen. — The said Council shall have authority to appoint or 
elect as many policemen, regular or special, as may be necessary for the proper 
government of said city, to fix their salaries and prescribe their duties. They 
shall be sworn in and vested with all the powers now conferred by law upon 
Constables, in addition to the special duties imposed upon them by Council: 



§ 5278 Civil Code 2410 

Provided, Such powers shall not be exercised beyond the limits of said city or 
town : Provided, That in cities where Boards of Police Commissioners have been 
established by law the election or appointment of the police officers and men 
of such cities shall be governed by the provisions of law pertaining to said 
Board of Police Commissioners for such city. 

Civ. C. '22, § 4552; Civ. C. '12, § 2953; Civ. C. '02, § 1987; 1896, XXII, 67; 1901, 
XXIII, 649. 

§ 5278. Guaxdhouse. — The said Council shall have authority to establish 
a guardhouse or houses and prescribe suitable rules and regulations for the 
government of the same. They may by ordinance, or the Mayor and Aldermen, 
or any one of them, in person, may authorize any policeman of said city to 
arrest and commit to said guardhouse, for a period not exceeding twenty-four 
hours before trial, unless such arrest be made on Saturday, in which case it 
shall not exceed forty-eight hours before trial, any person or persons who, in 
view of any officer within the said corporate limits, shall be engaged in a breach 
of peace, riotous or disorderly conduct, open obscenity, public drunkenness, or 
any conduct grossly indecent; and it shall be the duty of the policemen of 
said city to arrest and commit all such offenders, when required by any ordiance 
or any member of said Council so to do, and they shall have power to call to 
their assistance the posse comitatus if necessary in making such arrests; and 
upon failure of such policeman to perform his duty he shall be liable to such 
fines and penalties as said Council may fix by ordinance : Provided, That the 
imprisonment provided for in this Section shall not deprive the party so im- 
prisoned of his right to trial as hereinbefore provided. 

Civ. C. '22, § 4553; Civ. C. '12, § 2954; Civ. C. '02, § 1988; 1896, XXII, 67; 1901, 
XXIII, 649. 

§ 5279. Powers of Council of Cities or Towns. — The said Council shall 
have full power to abate all nuisances within the corporate limits of said city 
or town, to appoint a Board of Health for said city, and pass all such ordinances 
as may be necessary to define the duties of said Board. Said Council shall have 
power to borrow money for corporate purposes and to issue from time to time, 
as occasion may require, bonds of the corporation for the payment of the 
principal, for which said city shall be at all times liable : Provided, The property 
of the inhabitants of said city or town shall be bound for the payment of any 
sum so borrowed, and the interest thereon, in no other way than by the imposi- 
tion of an annual tax: Provided, further. That no such bonded debt shall in 
any instance exceed the maximum limits prescribed in the Constitution of this 
State, and that no bonded debt shall be created or increased except upon the 
vote of the citizens of the municipality as provided in the Constitution: Pro- 
vided, further, That in the anticipation of the collection of taxes in any fiscal 
year said City or Town Council, whether such city or town be chartered by 
special Act of the General Assembly or under the general law, may from time 
to time, as occasion may require, borrow money for corporate purposes on its 
note or notes, and pledge the taxes levied, or to be levied, in said year for cor- 
porate purposes, for the payment of such note or notes and the discount or in- 
terest thereon, and such note or notes it is hereby authorized to discount gen- 
erally, if desired, without responsibility to the person or corporation advanc- 
ing money on said security, to see to the application of the funds realized thereon. 

Civ. C. '22, § 4554; Civ. C. '12, § 2955; Civ. C. '02. § 1989: 1896, XXII, 67; 1901, 
XXIII, 649; 1908, XXV, 1017; 1009, XXVI, 80; 1910, XXVI, 623. 

§ 5280. Reports of Council. — The members of each Council shall, within 
thirty days after the expiration of their term of office, and at the time of the 



2411 Civil Code § 5281 

qualifying of the members of the new Council, make and deliver to the mem- 
bers of such new Council a full and accurate account of their receipts and ex- 
penditures during the term for which they were elected. And they shall like- 
wise publish at the end of each year, after the beginning of their term of office, 
a full statement of their receipts and expenditures during the preceding year. 
At the expiration of the term of any Council it shall be their duty to pay over 
to their successors any money in their hands or under their control at the 
time of making such returns belonging to said corporation, and likewise to 
deliver up promptly at the end of their term all books, records or other prop- 
erty incident to their said offices to their successors; and on failure so to do 
they shall be liable to the punishment prescribed in the following Section. 

Civ. C. '22, § 4555; Civ. C. '12, § 2956; Civ. C. '02, § 1990; 1896, XXII, 67; 1901, 
XXIII, 649. 

§ 5281. Neg^ligence of Officer. — For any willful violation or neglect of 
duty, malpractice, abuse or oppression, the Mayor or Aldermen so offending 
shall be liable to punishment by a fine not exceeding one hundred dollars or 
imprisonment not exceeding thirty days, besides being liable for damages to 
any person injured by such neglect, malpractice, abuse or oppression. 

Civ. C. '22, § 4556; Civ. C. '12, § 2957; Civ. C. '02, § 1991; 1896, XXII, 67; 1901, 
XXIII, 649. 

ARTICLE 4 
Towns Between 1,000 and 5,000 Inhabitants 

5282. Proceedings for Incorporation. 5286. Clerk and Treasurer. 

5283. Town Government. 5287. Surrender of Charter and Reincor- 

5284. Elections, etc., of Mayor and Alder- poration. 

men. 5288. Powers of Municipalities. 

5285. Charter Fee. 5289-92. Selection of Jury. 

§ 5282. Proceedings for Incorporation.^Citizens of any proposed town 
of this State of not less than one thousand nor more than five thousand in- 
habitants desiring to be incorporated shall present to the Secretary of State a 
petition for that purpose, setting forth the proposed corporate limits and num- 
ber of inhabitants therein, signed by at least fifty freehold voters of such town 
or a majority of the resident freeholders within the said proposed corporate 
limits. The Secretary of State shall then issue a commission to not more than 
ten Commissioners, citizens of said proposed town, empowering them to pro- 
cure the proper registration of the electors of the town within the proposed 
corporate limits, and to advertise an election for twenty (20) days and to ap- 
point managers to conduct the same, which election shall be conducted as all 
other municipal elections, and at such election the electors shall vote on the 
following questions: (1) Corporation. (2) Name. (3) Mayor and not less 
than six nor more than eight Aldermen. The Managers of Elections shall make 
a sworn return of the result of said election on said questions to said Commis- 
sioners, who shall thereupon make a return to the Secretary of State, attaching 
said Manager's return. Thereupon the Secretary of State shall issue to the 
Mayor and Aldermen-elect a certificate of incorporation of said town under 
this Section. Said town shall have all the powers, privileges and immunities, 
and be subject to all the liabilities and limitations, prescribed in this Article. 

Civ. C. '22, § 4557; Civ. C. '12, § 2917; Civ. C. '02, § 1958; 1896, XXII, 67; 1902, 
XXIII, 1047. 

§ 5283. Town G-ovemment — Election of Officers — Term — Special Provision 
for Blacksburg and Mullins,— Said town shall be governed by a Mayor and 



§ 5284 Civil Code 2412 

six Aldermen, or, in case of municipalities being divided into wards, one Warden 
from each ward, who is a qualified elector thereof, who shall be citizens of the 
United States, and who shall be electors who actually reside in the corporate 
limits of said town, and have so resided at least six months immediately pre- 
ceding the day of election. The Mayor and Aldermen shall be, and be known 
as, the Town Council of said town, and shall be elected every two years, on 
such days, and at such places in said town as shall be designated by the Town 
Council of said town, ten days' public notice thereof being previously given. 
They shall hold their office for two years and until successors shall have been 
elected and qualified: Provided, The Town of Blacksburg shall have a Mayor 
and four (4) Aldermen, who shall be elected from the qualified voters of the 
town at large. Provided, That the Town of MuUins shall have a Mayor and 
six (6) Aldermen, who shall be elected by the qualified voters of the town at 
large, and not from wards; such election to be held on the second Tuesday in 
January and every two years thereafter, and at such election no person shall 
be allowed to vote unless they have resided in the State two years, in the 
county six months, and in the town six months. 

Civ. C. '22, § 4558; Civ. C. '12, § 2918; Civ. C. '02, § 1959; 1896, XXII, 67; 1913, 
XXVIII, 48; 1915, XXIX, 105; 1929, XXXVI, 77. 

§ 5284. Election for Mayor and Aldermen — Oath of Office — Appeals. — 

In all cases of towns incorporated under this Article, three Managers of Elec- 
tion shall be appointed by the Town Council of such town at least ten days 
before the day fixed for the holding of an election for Mayor and Aldermen, 
or either of them, and the names of such Managers shall be published at the same 
time and in the same place as the notice of such election hereinafter provided for. 
The Managers shall be sworn by the Mayor, or, in his absence, or in case of 
disability, by one of the Aldermen of said town, or in case there is no Mayor 
or Aldermen, then by any officer authorized to administer oaths, fairly and im- 
partially to conduct such election according to law, and make a true return of 
the result thereof. Immediately upon the closing of the polls, the Managers 
shall proceed to count publicly the votes cast, and shall continue such count 
until the same is completed, and make a statement of the whole number of 
votes cast in such election, together with the number cast for each person 
voted for, for Mayor and Aldermen, upon the completion of which they shall 
transmit such statement to the Town Council of such town, and in case there 
be no Town Council they shall proclaim the election and transmit a copy of such 
statement to the Clerk of the Court of the county wherein such town is situated 
and notify the parties elected of their election; and the said Mayor or Clerk 
of Court shall, immediately upon the receipt of such statement or report of 
the Managers, open and publish the same by announcing the whole number of 
votes cast for each person voted for as Mayor or Aldermen. The person securing 
the highest number of votes for Mayor shall be declared duly elected to that 
office, and the person receiving the highest number of votes for Aldermen, in 
number equal to the number of Aldermen to be chosen, shall be declared duly 
elected to that office. Provided, That within forty-eight (48) hours after the 
closing of the polls, any candidate voted for at the said election shall have the 
right to contest the result of the said election as reported by the Managers, 
by filing written notice of the said contest together with a concise statement of 
the ground therefor with the Mayor. The said Maj^or shall within forty-eight 
(48) hours after the filing of said notice call the council together, after due 
notice to the contestant and contestee, and have a hearing on the said contest. 
The Council shall decide the issues raised by the said contest and file its report 



2413 Civil Code § 5285 

together with all testimony and record with the Clerk of Court of said County, 
who shall immediately, notify the parties interested the result of same. The 
Council shall have th€ right if their report warrants such as a matter of law, 
to order a new election in the manner prescribed by law for said municipality. 
"Within five days after notice of the decision of the Council, any party aggrieved 
thereby shall have the right to appeal from the said decision to the Court of 
Common Pleas of that county. This notice of appeal shall be served on the 
opposing parties or their attorneys and filed in the office of said Clerk of Court 
within said five days. Upon the filing of this notice, the Clerk of Court shall 
place the said appeal on Calendar II for a hearing at the next term of Court 
on the record as filed in the said office. Such Mayor and Aldermen, before 
entering upon the duties of their respective offices, shall take the oath pre- 
scribed by the Constitution and also the following oath, to wit: "As Mayor 

(or Alderman) of the town of I will equally, fairly and impartially, 

to the best of my ability and skill, exercise the trust reposed in me, and will 
use my best endeavors to preserve the peace and carry into effect according 
to law the purposes for which I have been elected. So help me, God." Pro- 
vided, That the Mayor or members of the Council shall not be eligible to pass 
on the issues arising in said contest where they are contestants or contestees; 
that in such cases the Mayor shall notify the Clerk of Court of that county of 
such fact, and the said Clerk shall appoint one discreet qualified elector of 
said municipality to serve instead of each person disqualified: Provided^ fur- 
ther, That notice of appeal shall act as a stay of further proceedings pending 
appeal ; and. Provided, further, That the newly elected officers shall not qualify 
within forty-eight (48) hours after the closing of the polls, and in case a con- 
test is filed the old officers shall hold over until the contest is finally determined. 

Civ. C. '22, § 4559; Civ. C. '12, § 2919; Civ. C. '02, § 1960; 1896, XXII, 67; 1923, 
XXXIV, 46. 

§ 5285. Charter Fee. — Before any commission authorized in this Article 
is delivered by the Secretary of State, he shall require the production of a re- 
ceipt from the State Treasurer for twenty dollars as charter fee, which receipt 
shall be filed with the papers in office. 

Civ. C. '22, § 4560 ; Civ. C. '12, § 2920 ; Civ. C. '02, § 1961 ; 1896, XXII, 67. 

§ 5286. 'Clerk and Treasurer. — Said Town Council shall have the power 
to elect a Clerk and Treasurer, who shall execute such bond for faithful per- 
formance of his duties as fixed by said Town Council, and his salary shall be 
fixed before election; also, said Council shall have the power, if in their judg- 
ment it is necessary, to elect a Recorder for such town, and fix the salary for 
same. 

Civ. C. '22, § 4561; Civ. C. '12, § 2921; Civ. C. '02, § 1962; 1896, XXII, 67; 1911, 
XXVII, 22. 

§ 5287. How Towns Already Chartered May Procure Charter Under This 
Article — ^Duration.— Any town of more than one thousand and less than five 
thousand inhabitants already chartered which is desirous of surrendering its 
charter and accepting incorporation under this Article, or whose charter is 
about to expire, may be incorporated under this Article. The Town Council 
of such town may submit the question to a vote of the qualified electors at an 
election ordered on twenty days' notice. If the election results in favor of 
surrendering the old charter and accepting a charter under this Article, the 
Town Council shall certify such results, accompanied by the sworn return of 
the managers of said election, to the Secretary of State, who shall thereupon 



§ 5288 CmL Code 2414 

issue to said Council a certificate of incorporation of said town, with the priv- 
ileges, powers and immunities and subject to the limitations prescribed in this 
Article: Provided, That for the purpose of holding the first election of officers 
under the new charter given under this Section, the Town Council, under the 
old charter, shall have full power and authority to appoint the Managers of 
Election, and to certify the result to the officers so elected and to supervise 
said election in. the same manner as the election for Intendant and Wardens 
under the charter surrendered was conducted. Every certificate of incorpora- 
tion shall continue of force from its date for a period of fifty years. 
Civ. C. '22, § 4562 ; Civ. C. '12, § 2922 ; Civ. C. '02, § 1963 ; 1896, XXII, 75. 

§ 5288. Powers Conferred on Certaon Municipalities. — All municipal cor- 
porations of this State having a population of not less than one thousand and 
not more than ten thousand inhabitants are hereby endowed with the powers 
conferred on municipal corporations in this Article, and in Article 3. The 
powers hereby conferred are in addition to those already enjoyed by said cor- 
porations under their respective charters. 

Civ. C. '22, § 4563; Civ. C. '12, § 2923; Civ. C. '02, § 1964; 1897, XXII, 469; 1899, 
XXIII, 58. 

§ 5289. Jury Box in Cities and Towns of Less Than 5,000 Inhabitants. — 

That the Mayor and Aldermen or Councilmen in any cit}' or town in this State 
containing, by the last census, less than 5,000 inhabitants are hereby declared 
to be the Jury Commissioners of the Municipal Court of said city or town, and 
they shall, on or before the first day of May of each year, prepare a box to be 
known as the "Jury Box," which said box shall contain two apartments des- 
ignated as A and B, respectively, and shall prepare and place within said time 
in Apartment A of said box the names of not less than 75 per cent, of the qualified 
electors of such city or town of good moral character and eligible to jury 
duty, and after so placing such names in Apartment A the Mayor or presiding 
officer of said Court shall lock the box and keep the same in place of safety. 
Civ. C. '22, § 4564; 1918, XXX, 794. 

§ 5290. Drawing- of Jury List. — In all criminal cases in such Court in 
which a jury may be demanded, either by the city or town or the defendant, such 
jury shall be selected in the following manner : The Presiding officer of said Court 
shall have drawn out of Apartment A of the jury box referred to herein 18 
ballots, each containing the name of an eligible juror and list the said 18 names in 
duplicate, delivering one copy of the same to the attorney for the city or town 
and one copy to the attorney for the defendant. 

Civ. C. '22, § 4565; 1918, XXX. 794. 

§ 5291. Drawing of Jury. — The person appointed by the presiding officer 
shall place the eighteen ballots so drawn out in some box or hat and shall draw 
out one, and the person so drawn out shall be one of the jury, unless challenged 
by either party, and the person appointed by the presiding officer shall then 
proceed until he shall have drawn six, who shall not have been challenged. 
Neither party being allowed more than six challenges, but if the first twelve 
drawn shall be challenged and the parties do not agree to a choice, the last six shall 
be the jury, and when any of the six jurors so drawn cannot be found, or are 
disqualified by law to act in such case, and the parties do not supply the vacancy 
by agreement, the person appointed by the presiding officer shall proceed to 
draw out of the said jury box ballots for three times the number of those deficient, 
which shall be disposed of and be drawn as herein pro\'ided. 

Civ. C. '22, § 4566; 1918, XXX, 7rt4. 



2415 Civil Code § 5292 

§ 5292. Names Not to Be Used Again Until Box Exhausted. — After a jury 
has been drawn in the manner herein provided, it shall be the duty of the 
presiding officer, or person appointed by him, to place all ballots so drawn out 
of Apartment A of said box in Apartment B thereof, and the same shall remain 
in said apartment until all the names have been exhausted in drawing juries from 
Apartment A, at which time all the names in Apartment B shall be returned to 
Apartment A, and thereafter juries shall be continued to be drawn therefrom 
in the manner herein provided : Provided, The provisions of the three preceding 
Sections shall not apply to cities and towns operating under the commission 
form of government. 

Civ. C. '22, § 4567; 1918, XXX, 794. 



ARTICLE 5 
Cities Over 5,000 Inhabitants 

5293. Incorporation and Mode of Govern- 5325. Procedure in Case of Defective Con- 
ment. struction. 

5294. Elections and Oaths. 5326. Unsafe Buildings. 

5295. Opening of Streets. 5327-30. Penalties for Violations. 

5296. Liability for Acts of Officers. 5331-6. Building Regulations and Fire 

5297. Charter Fees. Limits. 

5298. City Officers. 5337-48. Specifications as to Construction 
5299-5303. Trial by Jury. of Buildings. 

5304-7. Surrender of Charter and Reincor- 5349-54. Regulations as to Heating Devices, 

poration. 5355. Electrical Wiring. 

5308. Commutation Street Tax. 5356. Stairs, Elevator Shafts, and Openings. 

5309. Rights Under Previous Charters. 5357-9. Skylights, Vent Shafts and Roof 

5310. Annual Tax. Openings. 

5311. Borrowing by City of Chester. 5360-2. Floor Area, Stairways and Open- 

5312. Slaughter Pens. ings. 

5313-4. Improvement Commission in Cities 5363. Restrictions as to Frame Buildings. 

Between 5,000 and 10,000. 5364. Removal of Ashes and Waste. 

5315-16. Chief of Fire Department. 5365. Explosives, Matches and Inflamable 

5317-18. Electrical Inspector. Liquids. 

5319. Building Permits. 5366. Cases not Provided for. 

5320-4. Inspection of Premises. 5367. Sections Inapplicable to Towns of 

Less than 5,000. 
5368. Powers of Certain Cities as to Parks. 

§ 5293. Incorporation of Cities of More Than Five Thousand Inhabitants 
— Mode — Government — Powers. — "Whenever one hundred citizens of any pro- 
posed city of this State, containing more than 5,000 inhabitants, shall desire that 
the said city shall become incorporated, they may present to the Secretary 
of State a petition for that purpose, setting forth the name of the proposed 
city, the proposed corporate limits and the number of inhabitants thereof, signed 
by at least one hundred freehold voters of said proposed city, the Secretary of 
State shall then issue a commission to not more than ten, or less than five. 
Commissioners, citizens of said proposed city, empowering them to proceed to 
the proper registration of the electors within the proposed corporate limits of the 
proposed city, and to advertise an election for (20) consecutive days in the 
newspapers published within the proposed corporate limits of the proposed 
city, and if there be no newspaper published therein, then to advertise by posting 
a notice of such election, for twenty consecutive days, in not less than three 
public places within such proposed corporate limits, and to appoint Managers to 
conduct the same, which election shall be conducted as all other municipal 
elections, and at which the electors shall vote on the following questions: (1) 
Corporation. (2) Name. (3) ]\Iayor and Aldermen, voting for one Alderman 
from each ward, and if said proposed city be not divided into wards, then for 



§ 5294 Civil Code 2416 

six Aldermen from the proposed city at large. The Managers of such election 
shall make their sworn returns of the result of said election to the said Commis- 
sioners, who shall certify the same to the Secretary of State, which return shall 
show the number of those voting in said election, together with the number 
of those voting on each of said questions. If a majority of those voting in such 
election shall vote in favor of such proposed territory being incorporated, then 
the Secretary of State shall issue a certificate of incorporation of said proposed 
city, under this Article, which certificate shall state the name of the proposed 
city, and those receiving the highest number of votes for Mayor and Aldermen, 
respectively, in the election hereinbefore provided for shall be the Mayor and 
Aldermen of said city until their successors shall have been elected as hereinafter 
provided for. 

Said city shall be governed by a Mayor and Aldermen, or, in case of 
municipalities being divided into wards, one Alderman from each ward, who 
shall be known as the City Council of said city. Said Mayor and Aldermen shall 
be qualified electors of this State and of the county in which said city is situated, 
and they shall have resided in the corporate limits of said city at least six 
months immediately preceding the day of election. If a city be divided into 
wards, the Alderman from each ward shall be a qualified elector thereof, and shall 
be elected by the qualified electors thereof. The said Mayor and Aldermen 
shall be elected every two years, on such days and at such places in said city as 
shall be designated by the City Council of said city, ten days' public notice 
thereof being previously given. They shall hold their offices for a term of two 
years and until their successors shall have been elected and qualified. 

All cities and towns in this State that have, or may hereafter receive, a certifi- 
cate of incorporation under the general laws of the State from the Secretary 
of State of South Carolina, are hereby declared to be bodies politic and corporate, 
and entitled to exercise all the powers and privileges and subject to all the 
limitations and liabilities provided for municipal corporations in this State 
within the respective classes to which they may severally belong, as provided 
by law; and every such certificate of incorporation, and the incorporation there- 
of, is hereby confirmed, validated and ratified, any irregularity, error or omission 
in the proceedings on which the certificate is issued to the contrary notwith- 
standing ; and the incorporation or corporate capacity of any such city or town 
shall not be attacked in any Court in this State except on permission of the 
General Assembly of this State granted by special Act for that purpose. 

Civ. C. '22, § 4568 ; Civ. C. '12, § 2924 ; Civ. C. '02, § 1965 ; 1901, XXIII, 648. 

§ 5294. Managers of Election — Conduct of Elections — Appeals. — In all 

cases of cities incorporated under this Article, the Managers of said Election 
shall be appointed by the City Council of such city for each polling precinct at 
least ten days before the day fixed for the holding of any election for Mayor and 
Alderman, or either of them. The names of such Managers shall be published 
at the same time in the same place as the notice of elections hereinafter provided 
for. 

In all elections provided for in this Article the Managers shall be sworn by 
the Mayor, or, in his absence or in case of disability, by one of the Aldermen 
of said city, or by any officer authorized to administer oaths, fairly and im- 
partially to conduct such elections according to law, and make a true return of 
the result thereof. Immediate})^ upon the closing of the polls, the Managers shall 
proceed to count publicly the votes east, and shall continue such count until the 
same is completed, and make a statement of the whole number of votes cast in 
such election, together with the number of votes cast for each person voted for 



2417 Civil Code § 5295 

Mayor and Alderman, upon the completion of which they shall transmit such 
statement to the City Council of such city, who shall notify the parties elected 
of their election; and the said City Council shall immediately, upon receipt of 
such statement or report of the Managers, open and publish the same by announc- 
ing the whole number of votes cast for each person voted for as Mayor or Alder- 
man. The person sec